While you may not have been partying much at the office lately, some employers see summer as an ideal time for an all-staff get-together. Instead of spending a lot on flowers and glassware rentals, though, they’re getting creative with summertime themes. Here are ideas that assistants posted on the Admin Pro Forum.

Congress is considering legislation that would require employers with 15 or more workers to provide seven days of paid sick leave per employee per year, an expansion of the FMLA that a coalition of HR and business groups immediately decried.

Every year, you probably receive (or help write) your performance evaluation. But have you really evaluated your job lately? Doing a “career audit” is a way of asking yourself: How is my position actually working for me? We talk you through the questions you need to ask yourself.

Vacations appear to be another victim of Americans’ tight budgets and layoff fears. More than one-third of workers say they won’t use all their allotted vacation time this year, and just 39% plan to take one compete week off ...

An arbitrator has ruled that the EEOC willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. The EEOC will be liable for back pay, plus liquidated damages that so far haven’t been determined.

Customers who phone the call center at Ascend One, a debt management company in Columbia, Md., are likely to talk to an employee who’s dressed in pajamas. Since 2006, the organization has allowed its call center employees to work from home, and about half of them—300 or so—have accepted the offer.

When was the last time you reviewed your company’s bulletin boards in the break room or alongside the time clock? Do they show the correct, updated federal- and state-law posters? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with state and federal laws.

Outdated workplace posters aren’t just a minor mistake that, at worst, could trigger only a small fine. As a new court ruling shows, poster mistakes can actually breathe new life into supposedly dead employment lawsuits …

Goals are the heart of any pay-for-performance system. They set the standard against which employees’ progress is measured—and on which bonuses and raises are based. But goal setting can be a tightrope act. To establish goals that improve organizational performance, ask these eight questions, developed by the Harvard Business School:

OSHA last month announced it has issued $237,500 in proposed penalties against a Big Springs oil refinery accused of cutting corners on safety. The fines will be levied against Alon USA after an OSHA inspection found numerous safety violations.

Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness, as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

 Q. “What would be the best way to tell an employee we don’t want to hire her daughter? We’ve had her as a temp, but never would’ve hired her for a full-time job.” Here's how readers of our  HR Specialist Forum answered that question:

Employees who discover their colleagues are making more money for doing the same work often conclude that there can be only one reason—discrimination. Next stop: an attorney, who will try to confirm the pay bias by comparing the employee’s paychecks with his co-workers'. That’s why you have to be proactive, consistently keeping good records that show why you’ve made every compensation decision.

Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?

The FLSA allows employers to round off an hourly employee’s arrival or departure time to the nearest five minutes, tenth of an hour or quarter of an hour. But your rounding practices can’t always favor the employer. Rounding must be neutral or it must favor the employee. That means if you round down, you must also round up. You have several ways to make rounding fair:

Sometimes it seems like supervisors and employees work in entirely different places. Several recent studies show that bosses and front-line employees have widely varying views about their organization’s priorities, morale, compensation and benefits. Here are seven key flashpoints:

Q. One of our supervisors wants to coach his son’s basketball team and has asked to leave work an hour early twice a week. We told him we do not have a problem with leaving early, but that he would have to use vacation time to cover the time lost. He refuses to do that and says we cannot dock his pay for the two hours because he is a salaried supervisor. Is that right?

When co-workers involved in a romantic relationship break up, tensions can boil over in the workplace. And when an ugly situation creates a need for discipline, things get sticky for employers. Be wary of any discipline that targets just one of the former lovebirds. As the following case shows, doing so can lead to a sex discrimination lawsuit.

Not every employee who earns a promotion will be successful at the new job. While you certainly want to do everything possible to allow the employee to thrive in the new assignment, you’ve also got to be practical. When you conduct those initial performance reviews, consider the possibility that the employee will ultimately fail. Here’s how to encourage success, but plan for potential failure:

When one of your employees objects to alleged illegal or discriminatory conduct in the company, you can’t simply fire or demote the person. That would be considered illegal retaliation. Still, that doesn’t mean such employees have the right to be insubordinate, rude and nasty.

 “The leaders of my organization say they understand how HR works, but they really don’t have a clue—and aren’t too interested in finding out.” That's a common complaint from HR professionals across the country. So how do you “train” your boss on HR and erase some of his or her misperceptions? Try these three strategies.

Look anywhere and you’ll find advice for achieving success, even if, like blogger Todd Taskey, you’re specifically looking for how success can turn into failure. Why on earth is he looking for failure? Because it happens all the time. Here are three ways people let their success go sour:

Some employees believe the Pregnancy Discrimination Act makes it illegal to discharge a pregnant woman for any reason related to the pregnancy. That’s not quite true. The PDA merely requires employers to treat pregnant women no differently than other employees. That may mean discharge for complications associated with pregnancy—under the right circumstances.

Employees who don’t fit into one of the Fair Labor Standards Act’s exemption categories are entitled to overtime pay. Their job titles don’t matter. What counts are actual job duties. Those duties, of course, change over time. That’s why it’s important to review exempt status regularly.

According to a recent working-conditions survey, many employers are not doing the routine maintenance they should to keep their labor and employment compliance in tip-top shape. There’s no guarantee that tuning up your workplace policies like you do your car will avoid lawsuits. But, some routine preventive maintenance will go a long way to ensuring better compliance and fewer problems.

Cyclists at this year’s Tour de France proved you don’t have to be the “leader” to dazzle people with your leadership skills. Teammates on one team acted like leaders when they helped propel one of their fellow cyclists to win six stages of the race.

Looking for a way to eliminate unfounded sexual harassment claims from former employees? One way is to make sure your sexual harassment policy tells employees to keep taking their harassment claims up the chain of command if they aren’t satisfied with the first response.

Last year, Ohio doctors who were fed up with health insurance companies started The Physicians Assurance Corporation (TPAC). Designed to serve the employer-provided health insurance market, it featured low premiums, aggressive disease management—and an enthusiastic cadre of physicians. But TPAC lasted less than 10 months.

You’re asking for trouble if you consider FMLA leave-related absences a negative factor when making employment decisions. Courts view such decisions as direct evidence of retaliation—which makes it almost impossible for the employer to win a lawsuit.

Public employees who speak out on matters of public concern are protected from retaliation because their speech is protected by the First Amendment. For some time, courts have held that, if the employee’s motive was not informing the public, but instead securing some other workplace advantage, the speech was not protected. But now the 2nd Circuit has concluded that isn’t the law.

Employees often don’t think about suing until after they have quit their jobs and moved on. Then they claim they had no choice but to quit because working conditions were so dreadful. Beat such allegations by keeping resignation letters and any notes taken during exit interviews. They help prove the resignation was voluntary.

It’s one of the toughest HR problems: Handling a sexual harassment claim when the alleged harasser is a supervisor. But all is not lost. With proper planning, you can minimize the liability risk. Here’s how:

Before you fire any employee, double-check to make sure others who performed just as poorly or made similar mistakes were also terminated. Doing so may prevent a lawsuit … or, if you are sued, at least provide evidence that you treat everyone alike.

The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.

Employees who complain about discrimination are protected from retaliation—but not from every consequence of their complaint. Take, for example, what often naturally occurs when someone files a harassment complaint that turns out to be unfounded or unworthy of drastic action like firing the alleged harasser. There’s bound to be backlash from other employees ...

Propak Logistics, an Arkansas-based freight management company, has drawn the ire of the EEOC, which is suing the firm for refusing to hire applicants who weren’t Hispanic for nonmanagement positions at its plant in Shelby.

As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.

The EEOC has cited national convention marketing firm Freeman Companies with discriminatory hiring practices based on the company’s use of applicants’ credit scores and criminal background checks in hiring.

One of the cardinal rules of hiring is that you should ask all applicants the same questions. But even good rules can sometimes be broken … when it makes good sense. For example, if you are interviewing both internal and external applicants for an open position, it’s perfectly logical to ask internal applicants some different questions ...

Under Section 179 of the tax code, your business may elect to “expense” (i.e., currently deduct) the cost of qualified assets up to an annual limit.. Strategy: Acquire and place business assets in service before year-end. After 2009, the maximum deduction is scheduled to revert to $125,000 (plus indexing for inflation).

At work, numbers speak volumes. If you can’t show, quantitatively, that something is improving, then how can you really know it’s improving? It’s not surprising, then, that more admins are being asked to set SMART goals—specific, measurable, attainable, realistic and timely goals—to be evaluated against.

Ask senior executives to decode leadership for you and you’ll probably get a long, useless list of qualities. For this reason, three students of management set about grouping together what happens when leadership happens:

Do you “play favorites” with certain employees? Most managers would probably say “no,” but people often harbor unconscious perceptions that can influence day-to-day decision-making and job reviews of the employees they manage. Several factors unrelated to employee performance can impact evaluations conducted by managers.

Do you "play favorites” with certain employees? Most managers would probably say “no,” but people often harbor unconscious perceptions that can influence day-to-day decision-making and job reviews of the employees they manage. Several factors unrelated to employee performance can impact evaluations conducted by managers.

Isolated comments may not create a hostile work environment, but they can mushroom into a bigger problem. That’s especially true if you don’t discipline those who offend. What to do: Don’t wait until you have a full-blown hostile environment on your hands. You can terminate the offender before harm is done.

Here's a collection of creative employee benefits programs, excerpted from the "What's Working" column in our sister newsletter, Compensation & Benefits.

In Reaux v. Infohealth Management Corp., a federal judge recently ruled that employers that are not otherwise required to provide FMLA leave could wind up subjecting themselves to the FMLA by promising it to employees.

Some supervisors become visibly annoyed when receiving a doctor’s note that sets work restrictions on one of their employees. If the employee sees that reaction and then suffers discipline or termination soon after, watch out! He or she could link the timing of the two events as evidence of discrimination or retaliation.

Though big is beautiful at Kraft Foods, by 2006 the behemoth was too weighed down by its centralized structure to be nimble or responsive. So in 2007, chairman and CEO Irene Rosenfeld announced to the management team a new initiative, later dubbed “Organizing for Growth”—a rewiring of the organization that put more power in the hands of business units.

Employers that round off the time on employees’ time sheets must do so in a way that doesn’t cheat hourly employees out of pay in the long run. That means that if you round down, you must also round up. Otherwise, your time records won’t reflect all hours worked, leading to potential violations of overtime and other wage-and-hour laws.

There’s only one safe way to respond to an employee’s pregnancy announcement—and that’s a simple “Congratulations!” Anything else may spell trouble down the line, especially if the pregnant woman ends up being terminated. She’ll probably sue and try to tie any negative comments to the termination, arguing they demonstrate pregnancy bias.

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Instead, your first—and safest—option is to request a medical certification stating the employee has a serious health condition.

Talking with employees about their performance problems can be an uncomfortable moment for any manager. But it’s also a crucial part of the job and, if done well, will ultimately make a manager’s job much easier. Here are seven steps to planning and executing such discussions:

As the year wraps up, your employees could be feeling a double dose of stress from the lingering recession and the upcoming holidays—and both are likely to keep at least some otherwise-reliable employees home from work. As the holidays approach, HR pros can take steps to boost morale and jump-start employee engagement.

“We’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.

When is your most diligent worker also your biggest lawsuit risk? Answer: When that nonexempt employee works through his or her lunch break or during other off-the-clock hours—a fact nobody realizes (or turns a blind eye to) until he or she sues for unpaid overtime.

Sometimes it seems like supervisors and employees work in entirely different places. For years, researchers have known that bosses and line workers have widely varying views about things like priorities, performance ratings, communication and benefits. Here are eight areas for which recent studies have revealed major disconnects between what employees want and what their bosses think they want:

Q. The attorney for one of my former employees sent a letter demanding payment for overtime compensation. The letter threatened to sue me personally, along with my corporation. I understood that only the employer—the company—and not the CEO or owners of the corporation could be sued under employment discrimination laws. Can I be sued personally for wage-and-hour claims?

It may be terribly annoying and very disruptive, but it is also the law: Employees eligible for intermittent FMLA leave are entitled to take that leave at the beginning of their scheduled shifts if they need to. While that may make them late for work, you can’t punish that tardiness as long as the employee follows your call-in policies and the underlying reason for being late is related to intermittent FMLA leave.

Avoid sending big files back and forth with your boss—try Dropbox, a virtual hard drive ... Hold a web conference free and invite up to 20 guests, with DimDim, which Inc. magazine calls the best in its class ... Print less by taking advantage of the less-popular settings in your Print dialogue box ...

First, set aside the stereotype that the federal bureaucracy is inherently dysfunctional. Sure, it’s got plenty of faults. But Uncle Sam’s best-run agencies can actually teach private-sector employers a thing or two about HR. Here are eight lessons employers can learn from the biennial agency-by-agency ranking of federal employers:

The EEOC recently filed a lawsuit against a San Antonio apartment management company for discriminating against an employee after he hired a black worker.

According to the EEOC, White Way Cleaners discriminated against a female worker when it first moved her from the cleaning line to the front counter during her first pregnancy and then again when it terminated her after learning she was pregnant again.

Here’s a problem you may not see coming: A group of employees comes forward and complains about a supervisor’s management skills. You decide to take action and demote the supervisor. Before you act, check for potential bias if the supervisor is of a different ethnicity, race or other protected classification than the subordinates.

Thanks to a recent appeals court decision, employers no longer have to hire attorneys to fight unemployment compensation cases. Employers can represent themselves or use the assistance of representatives who aren’t lawyers.

Shortly after the U.S. Supreme Court made it easier to prove retaliation by lowering the standard for what it would consider an adverse employment action, courts were finding retaliation in seemingly minor management decisions. As the following case shows, that’s not happening as much anymore.

Some good news: A federal court has ruled that an employer that mistakenly tells an employee he is covered by the FMLA isn’t bound by that mistake.

Employees who discover their colleagues are making more money for doing the same work often conclude that there can be only one reason—discrimination. Next stop: the office of an attorney, who will try to confirm the pay bias by comparing the disgruntled employee’s protected class status to those earning more.

Not everyone is going to get along with everyone else at work. The fact is that some employees may be more difficult to like than others. But as long as an employer makes sure its “difficult” employees are treated with civility, it doesn’t matter that co-workers ignore them or form their own little cliques.

Have you audited the employee bulletin board in your break room or next to your time clock recently? Have you ever done so? A little time spent seeing what’s there—and what’s missing—will keep you in compliance with North Carolina and federal laws.

Most employers want to stay union-free for obvious reasons, such as retaining direct control over wages and benefits. But it’s not all downside to have a union represent your employees; there are some advantages. One is that troublesome employees end up bugging their union reps about work problems instead of management.

A co-worker comes to you to complain about her boss. How should you respond? It depends on the outcome you want. Before reacting, pause, focus on the outcome and then choose your reaction.

Several cases on the U.S. Supreme Court's docket this term involve employment and labor-related issues. One of the most notable of these will decide how much time plaintiffs have to file a lawsuit when they believe they have been unfairly penalized by hiring tests. Other cases will resolve issues involving an alleged whistle-blower, pension benefits, race discrimination and labor arbitration.

Many leaders at larger companies fancy themselves too busy or important to do the messy work of managing, says Henry Mintzberg, management professor at McGill. You’re not a leader if you’re AWOL. And while, yes, there’s a difference between leading and managing, that doesn’t preclude leaders from rolling up their sleeves and pitching in.

The EEOC has filed suit against Belmont Abbey College, a Catholic-run institution in Belmont, claiming the college’s refusal to provide coverage for birth control in its employee health plan violates the federal Pregnancy Discrimination Act.

Your company may benefit from a special “bonus depreciation” deduction if it acquires business property this year. The bonus depreciation deduction is equal to 50% of the cost of qualified new (not used) assets placed in service in 2009. What’s more, you may be able to combine bonus depreciation with the Section 179 election.

Disputes between co-workers and between employees and their bosses are almost inevitable—which is why every HR professional must know how to gather the necessary facts to find out what’s going on. Whether it is a small inquiry or a weighty investigation into serious allegations of misconduct, being deliberate and intentional about an investigation will create a more helpful and less disruptive process.

Managers can play a key role in creating an environment in which employees will want to look for new ideas. It’s important to let employees know that initiative and innovation are valued and that people who question will be rewarded—not labeled as troublemakers. Here are nine tips for removing barriers to employee creativity:

The news that consulting giants TowersPerrin and WatsonWyatt are merging has sent shockwaves through the HR world. How will this alliance affect the consulting environment? Will it be good news or bad for HR pros who need outside help? Now more than ever, it may pay to hire someone to help you choose a consultant.

Don’t depend on comprehensive health care reform to significantly cut the cost of the health insurance benefits you provide to employees. Many of America’s best companies have found that a few best practices do a remarkably good job of improving employee health and controlling health care expenses. Here are some of the best practices in health benefits used by America’s best employers.

Q. My company may use the salary reduction plan you referred to in the article "Use salary reduction plan to lower tax." Can the plan be based on a percentage of salary?

Leaders should ask less and tell more. But is that right? Sometimes it pays to go back to the vault for advice. NASA research on crisis management suggests the command-and-control response may be wrong.

What does it take to jump the fence from your administrative role and be seen as a true leader in the company? The HR Specialist posed the following question to three of the leading HR thought leaders in America today: “What are the actions that a true HR leader takes to demonstrate leadership within an organization?” Their answers pointed to the following six actions:

Q. Legally, is there a difference between exempt employees “volunteering” their time or being required to reduce their salaries (or work hours) during these slow economic times?

What should you do about a co-worker who takes advantage of a boss-less office? How do you bring this to your boss’s attention without appearing like a troublemaker? Some ideas for addressing a co-worker’s slacker behavior:

“My senior admin recently asked us what we should discuss during our monthly admin meetings,” a reader wrote. With time at a premium, this is a good point, as there’s an ever-increasing need for groups to get more real work done during regular meetings. Suggestions for making your next admin meeting more productive:

If an employee’s FMLA medical certification is incomplete (required information is omitted) or insufficient (the information provided is vague, ambiguous or nonresponsive), an employer is now entitled to request additional information directly from the employee’s health care provider, subject to certain key limitations.

Q. As a cost-saving measure, our company reduced the salaries of exempt employees by 10%. Employees get their salaries regardless of the number of hours they work. We have always asked our employees, though, to fill out a time sheet on which they write down 40 hours every week. Now we will ask them to record just 36 hours on this time sheet. Any problems with this?

One of the cardinal rules of hiring is that you should ask all applicants the same questions. Even good rules can sometimes be broken—when it makes good sense. For example, if you have an open position and are interviewing both internal and external applicants, it’s perfectly logical to ask internal applicants different questions, since they’re already familiar with your operations.

Set aside any notions you might have that the federal bureaucracy is inherently dysfunctional. In fact, Uncle Sam’s best agencies have a thing or two to teach private-sector employers. Here are eight lessons employers can learn from the biennial agency-by-agency ranking of federal employers by the Partnership for Public Service and American University’s Institute for the Study of Public Policy Implementation.

Suppose you converted your IRA to a Roth IRA just before the bottom fell out of the stock market. Based on the inflated value of the account on the conversion date, you were staring down the barrel of a tax disaster. But now you see signs of a market rebound. And you’d like to take advantage of the Roth IRA setup for all the same reasons that attracted you to it in the first place. Strategy: Reconvert your IRA.

Deductions for employee travel expenses are allowed if they are related to business activities. Strategy: Accelerate business trips planned for January into December. This enables you to write off the travel expenses in 2009 instead of waiting until 2010.

When you're not on top of your e-mail, you feel out of control. It can also torpedo your career, since people associate responsiveness with competence. It is possible to clear out your e-mail inbox—and keep it clear—daily. But you must be willing to change your behavior. Here are four steps ...

Question:  My supervisor, “Jake,” is infatuated with me. He vies for my attention and pouts when I insist on keeping our relationship strictly professional. He has even hinted to his buddies that we’re having an affair, which is totally untrue. Before his behavior became obsessive, I used to be friendly with both Jake and his wife. I keep telling him that I’m not interested, but he still continues this sad, pathetic fantasy. Short of filing charges, how can I put a stop to this? — Not Interested

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

Times are changing in the world of workplace immigration law. Employers now have to complete a new version of the I-9 Form. The feds just launched “a bold new audit initiative” to punish employers who hire illegals. And starting Sept. 8, thousands of federal contractors are required to use the electronic E-Verify system. Result: a greater risk for immigration-related trouble than ever before ...

It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.

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:

When an employee takes FMLA leave, chances are you’ll have to replace him with a temporary employee or assign the work to others. What happens if the fill-in worker discovers that the employee currently out on FMLA leave wasn’t doing as good a job as you thought? Can you then fire the employee while he’s on FMLA leave?

Question: My department recently moved to a new building ... I was given an office that was originally designated for “Judy.” Judy seems offended by this change. I think she blames me for the decision, even though I had nothing to do with it. Now I’m starting to feel guilty. How can I fix this?

What if a management consultant suggests that you find “young, energetic” people to take over? A court ruling last week sends a clear warning: Be careful who you listen to for advice … and where you write it down.

You need to show supervisors how your new online time sheet system works, but you're having a hard time getting everyone together for face-to-face training. Ditch the calendar tag routine (and the conference room) and make your own training video. Here's a free, easy way to do it.

Participation in new “social media” outlets is on the rise, creating many questions for employers. Should we be using social media to develop business or to recruit new talent? Should we allow employees to use social media at work? What types of restrictions do we need? Can we monitor off-duty conduct? And what are the potential liabilities?

These days, organizations have to do just as much (or more) with fewer employees. That may mean employees’ job duties and responsibilities change frequently. But be aware that such changes could alter the person’s classification under the Fair Labor Standards Act—and open you up to an overtime lawsuit.

A recent government study showed that the average small business overpaid its taxes by $11,638. That’s sad enough. But sadder still is the fact that the tax code is actually written to favor small businesses like yours.

Here’s how little it takes to land a good organization in the hottest of legal waters: One verified comment by a supervisor showing that he’s against promoting or hiring minority applicants may mean a costly class-action lawsuit. The good news: You can often ferret out hidden discrimination with some simple statistical analysis.

Though work mates care about you, they pay more attention to messages that show there’s something in it for them, says Susan Mason, a principal of Vital Visions Consultants. So, for example, if you want something from your boss—whether it’s approval on a new printer purchase or a more flexible schedule—figure out what benefit she will realize. Figure out “What’s In It For Me?” from her perspective.

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz ...

Learn what’s key to your organization’s success by asking your boss, “What keeps you up at night?” ... Devote 18 minutes a day to time management ... Snag a cheap, last-minute air fare by turning to Twitter ... Confront an awkward situation without having to say anything ... Help a lost smartphone find its way home.

For the past 15 years, complying with the FMLA has been complex, but at least the law stayed the same. But earlier this year, that all changed when the first major overhaul of the FMLA took effect. Here are the details on the changes every HR pro must understand.

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach ...

Question: “Two people in our office are falsifying their time sheets. As a result, they get paid for lots of overtime when they actually don’t even work their regular hours. Our boss is in a different location, so she doesn’t know what happens here. When  we gently tried to inform her about this problem, she said we were being petty. The rest of us are honest employees who show up for work, do our jobs and make up any time we miss. Our co-workers’ dishonesty hurts morale and causes a lot of resentment. What should we do?”  -- Honest & Angry

A brutal economy … layoffs … pay cuts. These are trying times to be a U.S. worker, and not all are handling it well. Nearly half of U.S. workers say they feel stressed out, compared with 39% in other countries, according to a Robert Half International survey. Here are 10 ways to deal with your employees' recession-induced stress:

The rules for home-office deductions are particularly tough for corporate employees. Even if you legitimately use a home office for business purposes, you may not be entitled to a deduction. It doesn’t matter if you’re the owner of the company. Strategy: Rent the office to the company, which can deduct the rent payments as a business expense. You must pay income tax on the rent payments, but won’t owe employment taxes.

You can't do much in Excel if you store dates and times as text. When you store them as numbers, though, endless possibilities exist.

IBM managers “all the way up the chain” are on Facebook—and if you’re not, “You feel like you’re doing something wrong,” one employee said. But most businesses don’t have a social media culture like IBM’s. Instead, more than half of all U.S. companies prohibit the use of such sites at the office. Such policies may create more problems than they solve.

Managers of the massive federally funded Starrett City housing complex in Brooklyn have settled with the EEOC, bringing a halt to a lawsuit that accused the management company of disability discrimination after it allegedly failed to promote an employee because he suffers from attention deficit disorder.

Supervisors who want to hand-select a particular employee for a job may be tempted to play fast and loose with the company promotion process. Watch out!

You’ve just made another tough promotion decision, and 10 other urgent tasks require your attention. Before you move to the next item on your to-do list, take the time to document the promotion process. That way, if you are later sued, you can easily show the court the factors you considered.

Companies that fire lots of employees get sued for discrimination by many of the castoffs. But all those terminations may be an indication of employee/management personality conflicts, not discrimination.

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Employees whose supervisors sexually harass them have a fairly easy time winning their cases. But courts are much more lenient when the alleged harasser is a co-worker. That means employers can relax a little if an employee complains about a co-worker. Fortunately, the alleged harasser’s title isn’t the deciding factor. Instead, courts look to the actual job responsibilities.

Do you know exactly how you should respond to a sexual or racial harassment complaint? If you don’t, now is a good time to come up with a strategy—before you have to implement it. Advice: Your plan should spell out exactly how the harassment investigation will be handled, who will handle it and what will happen if the allegations prove true.

First, employers suggested. Then, they encouraged. Then pleaded. Now more U.S. employers are turning to the almighty dollar to get their employees to change their pound-packing, chain-smoking, sedentary ways. Despite the sour economy, more employers are creating and expanding wellness programs in recent years. And they’re increasingly turning to financial rewards and penalties to increase participation.

In 1970, the federal government passed the Occupational Safety and Health Act (OSHA). Then in 1973, North Carolina passed the Occupational Safety and Health Act of North Carolina (OSHANC). The North Carolina act has its own administrative and review procedures that aren’t always similar to its federal counterpart.

Men can sexually harass men, and women can sexually harass women. The U.S. Supreme Court has outlined three ways an employee can prove that an incident of same-sex harassment is sex discrimination:

Question: “I’m not sure whether to trust one of my co-workers. “Amy” is helpful and considerate to me. She provides useful information and makes friendly, encouraging comments. She seems like a good team player. However, some co-workers say Amy stabs people in the back because she wants to climb the corporate ladder. According to them, she shows off her knowledge, points out others’ mistakes and makes a big deal of her workload. Amy clearly has the trust and confidence of management, so apparently her other side is seen only by her peers. If Amy really is a skillful manipulator, how do I avoid being hurt by her tactics, especially when management thinks so highly of her?”  -- Cautious Co-worker

Q. Several of our hourly employees have requested access to their office e-mail from their iPhones, BlackBerrys and other similar devices. We are inclined to allow this access, but want the employees who receive access to sign express waivers to the effect that they will not be “on-the-clock” while doing so. Can we legally require such a waiver?

Size matters when it comes to planning events. For smaller events, you can go solo. But for larger ones, it takes a committee, a nod from management and a zinger of a spreadsheet for keeping tasks and timelines on track. To help you track the details, try this sample checklist adapted from Midwest Meetings:

The Obama administration's immigration enforcement activities will target employers that hire undocumented workers instead of the workers themselves. Employers, take note: Follow your employment eligibility verification processes to a "T". Failing to comply can carry a high price: huge fines and criminal charges.

A new Tax Court decision could produce a better tax result for many owners of LLCs and partners in LLPs. Strategy: Use a loss from an LLC or LLP to offset other highly taxed income. Previously, it was presumed that such losses usually could be used only to offset income from other “passive” activities. But the new case has opened the door to bigger tax savings.

Some bosses are visibly irked when they receive a doctor’s note restricting the work an employee can perform. If the employee notices that reaction and then gets disciplined or fired, watch out for a lawsuit! Her attorney will probably try to link the timing of the doctor’s note and the adverse employment action as proof of discrimination or retaliation. 

Even the best bosses sometimes blow up. An employee slacks off or messes up, and the manager lashes out. Everyone knows such outbursts shouldn’t happen. That doesn’t mean they won’t. How you handle the aftermath may make the difference between a jury trial and a smooth return to workplace normalcy.

This summer, a spontaneous outburst of dancing captured on video at the Sasquatch Music Festival showed the power of leaders to sway crowds. Business bloggers Seth Godin and Todd Taskey shared their thoughts on what it teaches about business innovation.

Some employees have learned how to play the FMLA game very well. For example, you may notice a suspicious Monday-Friday pattern of intermittent leave for an illness. If you really believe an employee is trying to pull a fast one, don’t play the termination card right away. Your first—and safest—option: request a medical certification stating the employee has a serious health condition.

“Write this down in the minutes,” demands a board meeting attendee, implying that his clout alone should be reason enough for you to do what he says, right or wrong. In such a situation, you could use minute-taking standards.

Question:  “Although I am considered the lead supervisor in my department and have practically run the place for the past year, the company recently chose someone else to be department manager. An executive who is new to our company made this decision. He didn’t offer me an interview or make any effort to get to know me. I am having trouble accepting the situation and feel very resentful. How can I get past this?  And when I talk with this executive, how do I convince him that I would have been the right person for the job?” — Passed Over

The recession has put the brakes on pay raises in many workplaces. But too many employers have halted performance reviews at the same time. That’s a major mistake. Reason: Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce evaluations that back up your stated termination reasons.

You know it’s illegal to retaliate against an employee who returns to work after winning or settling a lawsuit against you. But that doesn’t mean management has to be afraid of her, worrying that she’ll perceive every little slight as the organization’s way of getting back at her. As the following case shows, employees can’t cry retaliation for the little stuff.

Have you discovered all the shortcuts buried within Excel? Try zipping around Excel spreadsheets using these keyboard techniques.

As with many other federal employment laws, the Fair Labor Standards Act includes a retaliation provision that protects workers who complain that their employer has violated the law. Until recently, it wasn’t clear what kinds of complaints actually triggered the FLSA’s protections. That’s now changed.

More than 33 million Americans now work remotely at least one day per month, according to the “Telework Trendlines 2009” survey report. Still, most managers have been trained to work with employees who are only physically present to them. How can you manage what you can’t see? Here are some tips for bosses who manage teleworkers:

If you're thinking of investing in gold, do it inside your retirement plan. As opposed to the maximum federal tax rate of 15% on most other long-term gains, the maximum tax rate on long-term gains from precious metals is 28%. By using retirement plan funds to invest in gold instead of personal funds, you can avoid a big tax hit on a sale.

When a VIP comes to your office, how do you dole out extra-special treatment? Being friendly and responsive is the key to treating VIPs, says Peter Post, Emily Post's great-grandson and author of The Etiquette Advantage in Business. Here's Post's advice on how to practice guest etiquette:

Human resources professionals know the importance of evenhanded discipline. But other managers may not be so careful, often preferring to issue casual and informal warnings that aren’t recorded anywhere, only to insist on more severe sanctions when they perceive employees crossing some indefinite line. When that happens, you run a real risk of facing a disparate treatment lawsuit.

Not all the action on health care reform is happening in Washington. Plenty of employers are focusing closer to home, creating wellness programs that lower health care costs—and don't break the bank.

While some Web 2.0 tools are about socializing and idea-swapping, LinkedIn is the only tool completely devoted to business networking. Nurturing your online presence could lead to job offers, new knowledge or a beefed-up reputation as an expert.

Twenty percent of West Valley Staffing Group’s employees worked there for a while, left for other jobs, and then came back to claim their former positions. And many of the technology temp agency’s 60 employees have worked there for a decade or longer, even though most Silicon Valley firms suffer from high turnover. Perhaps it’s the perks ...

As the recession drags on, many employers have begun trimming compensation. If you plan to cut pay for exempt employees, do so with care. Handle it wrong, and you could run afoul of the Fair Labor Standards Act, the federal law governing wage-and-hour practices. The worst-case: Cutting pay and hours could turn exempt employees into nonexempt hourly workers.

Imagine this nightmare scenario: You’ve contracted with a vendor to enter personnel data into a new computer system, including employees' Social Security numbers, addresses, names of dependents, health records and bank account routing numbers. Then the vendor notifies you that employee data was somehow stolen or lost. What do you do?

The Mental Health Parity and Addiction Equity Act of 2008, which takes effect Oct. 3, has more employers worried about rising health insurance premiums—and looking to employee assistance programs as a way to keep costs down. The law prohibits group health plans covering 50 or more employees from imposing extraordinary coverage caps on mental health and substance abuse treatment.

Be honest with yourself: Do you have a love/hate relationship with Excel? You know the power it wields, but does Excel end up costing you time and stress? Here are a few tips on how to navigate and maximize your spreadsheets:

Whether you're dining with peers at a convention or meeting with a vendor, lunch etiquette can keep you from marring your image with a faux pas. Here are five etiquette rules for business meals, according to Robin Jay, author of The Art of the Business Lunch:

Is bullying marring your workplace? Gary Namie, co-founder and director of the Workplace Bullying Institute, advises going directly to management.

There’s more than just semantics involved when you’re talking about the tax treatment of “repairs” for a business building versus “improvements.” On one hand, the cost of repairs made by your business is currently deductible. On the other, the cost of improvements must be capitalized and written off over time via depreciation deductions.

The Mayo Clinic is known for its unique approach to leadership development. These four tenets are critical to maintaining its culture:

Progressive discipline is a system in which penalties increase upon repeat occurrences. But don’t pick and choose which employees you run through progressive discipline. It’s critical to apply those procedures to all employees or none, as this new case shows ...

Question:  My boss’s boss, “Ellen,” frequently redirects my employees without informing me. She just tells them to disregard my assignments, then issues new instructions. Recently, Ellen asked a member of my staff to manage a major project, even though she knew I had already chosen someone else for that role. Previously, she had expressed no concerns about the person I selected. Every year, Ellen approves my annual goals, then switches things around and makes it impossible to accomplish them. My manager is no help because he’s very weak. Do you have any suggestions? — Bypassed

You can’t know what your employees are really thinking. That’s why one CEO went undercover to find out. He worked, in disguise, for two weeks on 10 different sites. His goal was to hear what workers said when they were uncensored. The biggest lesson he learned?

Imagine typing only about half of what you do now. Keyboard shortcuts may seem like more trouble than they’re worth. But once discovered and practiced, shortcuts can prove to be valuable timesavers. The key is not trying to learn them all...

The key to determining whether someone has a condition that meets the FMLA’s definition of “serious health condition” is the medical certification the employer receives from a health care provider. But the rules on how to get that certification have changed. Here's what you need to know to comply with the law.

With news from Capitol Hill that the “card-check” provision has been dropped from the Employee Free Choice Act (EFCA), employers need to be concerned that passage of the controversial pro-union legislation is now more likely than ever. In exchange for dropping card checks, EFCA backers gained three incredibly powerful proposals that will dramatically increase union ability to win elections.

Typically, if you have a downtown office and take work home on nights and weekends, you won’t qualify for a home office deduction. Reason: The home office isn’t your principal place of business. But don’t give up! You still might be able to deduct certain expenses connected with that home office.

Employers can do plenty to stop sexual harassment, but employees have obligations, too. If the company has a process for reporting co-worker sexual harassment, employees must follow it. Otherwise, they lose the right to complain. That’s why you need a sexual harassment policy that gives employees the information they need to come forward.

When an employee threatens litigation, take your time building the case against him. Make sure you base your decision on solid facts. Double-check to see that there’s no way the employee can claim you singled him out for unfair or inequitable treatment. Then rest easy, knowing that if you’re sued, you can counter the allegations with facts and get the case dismissed quickly.

Here’s another reason to act fast when an employee says a co-worker has sexually harassed her: Employers that act quickly seldom lose sexual harassment lawsuits if their action stops the harassment.

No sexual harassment policy will protect your company if what is going on in the cubicles or on the shop floor is blatantly offensive. It may not even matter that the offended or harassed employee didn’t follow your complaint policy and report the harassment to upper management. If she tried to talk to her immediate supervisor, that’s enough.

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Employees who work for government agencies have a few additional rights that privately employed workers don’t enjoy. One is the right to speak out on matters of public importance. That right, however, is quite limited. Even so, some public employees think they can say anything about their supervisors and not be disciplined. That just isn’t so.

If you employ seasonal labor, import employees from other countries and make payroll deductions for their equipment and transportation, you may want to hire an expert in visas and seasonal labor. That’s what saved one employer from double damages and an extra year of liability.

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you're a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

Q. My company is considering requiring employees to agree to an arbitration clause to resolve any employment disputes, including discrimination complaints. I have been told it is a good risk-management tool for avoiding high legal defense costs and big jury verdicts. Do you agree?

You and the supervisors at your organization have read horror stories of negative performance reviews spawning lawsuits from disgruntled employees. As a result, some supervisors may shy away from rating someone lower than his or her colleagues. That fear is one main reason too many reviews are positive even if performance is average or poor. The better thing to do is to urge your supervisors to “get real” with reviews.

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.

Question: “I have been fired from almost every job I have ever had. My friend says I’m just unlucky, because I seem to wind up in impossible situations that I can’t escape. I know that difficult people are everywhere, but I guess I haven’t learned how to properly navigate around the worst ones. I’ve tried the fight-back approach and the just-deal-with-it approach, but neither seems to work. Last time, I made a pre-emptive strike by complaining to human resources, but I still wound up on the losing end of the stick. I have been fired from five jobs in seven years. What would you recommend for someone like me?” — Nathan

Q. In a recent article (Savvy move: Sidestep the new tax pitfall for home sales) you said I would not qualify for the home sale exclusion if I move to my vacation home. Will I qualify if I move to a home I don’t currently own?

The United States is facing a swine flu outbreak that has caused the government to declare a public health emergency. Recently, the U.S. Centers for Disease Control and Prevention (CDC) published new guidelines to help employers prepare for flu season and prevent the rapid spread of the H1N1 influenza. Here are the CDC's suggestions, plus insight on your risks and obligations as an employer ...

When a secretary posted a question on our Admin Pro Forum recently, she heard plenty of advice from admins who have trouble getting supervisors to adhere to deadlines. Here's a sampling of their “been-there-done-that” advice:

Years ago, a landmark study at General Electric found its performance appraisal counterproductive and ineffective. Praise had no effect on performance, and criticism led to backsliding. What was going on?

In past recessions, furloughs—requiring employees to take a certain number of unpaid days off—were mostly limited to blue-collar workers. But this downturn is different. In the past two years, everyone from tech firms to state government has furloughed their white-collar employees. Experts offer the following options for furloughs:

In sharp contrast to optimistic forecasts that technology would rid your company of the “paper monster,” computers seem to have exacerbated the problem. Now, you’re sending, receiving and storing information electronically and printing copies—lots of copies. You may be able to live with the mess, but what will happen someday if you need to get your hands on one of those documents?

Like most industries, the business loan alternative industry has continued to mature and offer different financing potions that are less expensive and have different requirements for the borrower.  

At Progress Energy’s quarterly “compliments and concerns” meeting, senior administrative assistant Amy Finelli uses a template for minute taking. As a result, she can quickly send out notes after the meeting “because I don’t have to figure out how to organize the topics,” she says. Here are a few more of Finelli’s power tools for meetings:

Layoffs, pay cuts and an uncertain economy have left many organizations with fewer employees to do the work—often for the same or less money. Not all of those employees are handling it well. Here are a dozen ways you can deal with economy-induced employee stress and help your employees focus on their work:

Employees whose job tasks have changed may now be wrongly classified as exempt from overtime under the Fair Labor Standards Act. That’s a lawsuit waiting to happen, one that could quickly eat up any temporary savings you’re trying to achieve—especially if it turns into a class-action suit.

Three Los Angeles law firms have partnered to open a 12,000-square-foot day care center for 88 children of attorneys and staff, starting in the fall. The three firms are neighbors: Munger, Tolles & Olson, O’Melveny & Myers, and Oaktree Capital Management.

When you manage a staff, it’s only natural to want them to like you. But at the same time, it’s a mistake to get so chummy with employees that you lose your ability to lead them effectively. The best managers walk a fine line by earning the respect of their team without going overboard and befriending everyone. Here’s how you can strike the proper balance:

Q. Our Internet policy says that if we find employees accessing pornographic web sites, they’ll receive a three-day suspension without pay and a mandatory referral to an EAP counselor. Can we require this?

Many employers are discovering they have to cut staff to survive. It’s tempting to eliminate those positions where the least work is being done. After all, the employees doing the least work should be the least missed. But before you decide to RIF someone, remember that you cannot consider FMLA leave in the calculation.

At the next business social event, break away from your comfortable clique and try your hand at networking.

The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?

More than half of HR professionals report that gossip and rumors have increased at their workplaces since the recession began, according to a SHRM study. And 23% say they’ve had to address more frequent “eavesdropping incidents.” The solution? The times call for stepped-up communication, says Steve Williams, director of research for SHRM. His suggestions:

When measuring how much money your organization sinks into employee health, don’t stop once you’ve calculated your share of employees’ insurance premiums. Instead, pull out your attendance records and a calculator to determine just how much productivity is suffering because of employee illness and poor health. Then find out what kinds of medical conditions are keeping employees from working at full capacity.

Taking minutes wasn’t getting any easier for Terri Michaels, even after years of practice. “I had become wordy, and the minutes were sometimes eight pages. Each new director or company wanted them done differently,” she says. Finally, she enrolled in a workshop, and things changed. Now she uses these 10 best practices:

When a new boss suddenly gives a lousy performance review to an employee who is used to getting good reviews, the employee may try to blame the change on the new supervisor’s alleged bias. Absent other evidence, that won’t prove discrimination in court.

When faced with an employee who may have a physical or mental disability, a manager's legal antenna should go up right away. The ADA requires employers to engage in an interactive dialog with employees to determine whether a disability can be accommodated. Do it wrong, and you're probably looking at a lawsuit. Here's how to handle the conversation.

Communication is a cornerstone of any relationship—at least any good relationship. So why do so many executives rely on casual, on-the-fly exchanges with their assistants? Joan Burge, an administrative trainer CEO of Office Dynamics, holds a daily huddle with her executive assistant. Here’s how they make the communication work:

You’re required to offer job accommodations to employees with qualifying disabilities. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is a clear “yes," especially this year …

Even after the economy recorded its worst contraction in a quarter-century, health care costs for the nation’s employers are expected to grow by another 9% next year, according to a new study. Employers say they plan to push more of the costs of insurance to their workers in 2010, while expecting greater responsibility from workers for managing their personal health.

Here are four ways managers can make sure they really hear what their employees are saying. The payoff: fewer costly mistakes, less wasted time and better quality and service. Feel free to pass this article along to your supervisors.

Now that the Cash for Clunkers program is over, the results are coming in and it looks like the big winners from the program are Hyundai and Ford with year over year monthly sales increases of 47% and 17% respectively. The number three selling new car during the Clunkers program was the Ford Focus with the Ford Escape showing up in the top 10 as well. The other two American car companies actually showed declines in sales during August with GM down almost 20% from last year and Chrysler sales down 15%.

What’s the difference between the three U.S. auto makers? Obviously, there are a lot of factors, but I’d argue the most important is leadership.  As I wrote in this blog back in August of 2007, my money was on Ford CEO Alan Mulally to lead a turnaround at Ford and it looks like that’s what he’s doing. I spent some time earlier today reading some recent articles about Mulally and watching some video interviews with him to try to determine what he’s done right since arriving at Ford from the Boeing Corporation in 2006.  (My sources include articles in Fortune magazine, Business Week, and the U.K. Guardian along with video interviews from Time magazine and the New Yorker

Based on that research, here are five Mulally success factors I’ve come up with that I think apply to any leader charged with leading a turnaround in their organization.

“All first drafts are terrible. I don’t care if you’re Hemingway.” That comes from a writing professor who may as well have been talking about email. No email should be sent without revision. Here's an email etiquette checklist to follow:

Your 26-year-old co-worker doesn’t want to wait until her annual review to find out how she’s doing at work. She wants to know now. Gen Y employees want more feedback, more often, than previous generations. They’ll seek it from their immediate boss, as well as others. If you’re not comfortable with or accustomed to offering feedback, heed these tips:

Lots of employers win sexual harassment lawsuits, but not until they have had to air their dirty laundry in public—and pay for the privilege, too. That’s one reason to insist on a professional workplace free of sexual innuendo and harassing behavior. HR performs one of its most valuable services when it impresses on management the high cost of winning a sexual harassment lawsuit ...

This spring’s swine flu scare might have been just a warm-up act for a far more serious flu pandemic this fall. If you took steps to prepare your workplace for an outbreak in April, dust off those plans and check them against our list of things to do to make sure your organization keeps running in the coming months.

American workers can access the Internet, e-mail, instant messaging and other forms of electronic communications from anywhere at anytime. While electronic communication helps people do their jobs, it also leaves a trail. A telephone conversation relies on the memory of two participants, but e-mail and IM discussions can be preserved for years to come. And, given the casual way so many people fire off e-mail these days, that can spell legal trouble for employers.

Social media, such as blogs, Facebook and Twitter, are leading to confusion over what’s appropriate: Should your boss be your Facebook friend? Can you “tweet” about work? What would your firm’s VP say about your mentioning him in your blog? Some tips from etiquette expert and labor lawyer Joseph Clees:

The key to not letting gossip drain energy from your workplace is teaching supervisors to effectively address employees’ concerns, such as rumors about layoffs. “Write a script, so that everyone is speaking in the same voice,” advises management expert Quint Studer.

Are you collecting your maximum tax breaks from the massive economic stimulus law passed earlier this year? The IRS has issued a fact sheet touting the tax perks available to small business owners under the new American Recovery and Reinvestment Act of 2009. Here are eight key provisions:

You schedule a meeting, then hear of a last-minute schedule conflict. A round of rescheduling e-mails only leads to confusion. Locations change, people forget to show up ... the list of common problems goes on. But if you’re a Microsoft Outlook (2002/2003) user, you can rely on Group Schedule to check schedules, fill out meeting requests and send group e-mails.

Before you decide to throw out old evaluations and files, consider this: An employee may sue and refer back to those evaluations from memory. If she remembers nothing but positive performance reviews until a recent poor appraisal (engineered, she believes, to get her fired), you’ll need to be able to show her employment history wasn’t as rosy as she remembers.

Question:  My department recently moved to a new building. Initially, everyone received a printout showing where our offices would be located. However, our boss decided to reconfigure the office assignments based on job responsibilities. I was given an office that was originally designated for “Judy.”  Judy seems offended by this change. I think she blames me for the decision, even though I had nothing to do with it. Now I’m starting to feel guilty.  How can I fix this? — Not My Fault

Remind upper-level managers: When a supervisor or mid-level manager makes comments that could be construed as racist or religiously motivated, it pays to act fast. In fact, firing the responsible manager sometimes can be the best way to go. That way, if the employee he disparaged later gets turned down for a promotion or a raise, it will be much harder for an attorney to show a connection between the supervisor’s biased views and the denied opportunity ...

Say you’re contemplating an investment in a new business venture. It’s somewhat risky, given the current economic conditions, but you may want to help a relative or friend get the business off the ground. Unfortunately, if things don’t pan out, the loss would have limited tax value. Strategy: Invest in Section 1244 stock. That way, as long as certain requirements are met, you can write off up to $100,000 if the business fails.

As Congress returns from its August recess, look for a renewed push to pass a compromise version of the Employee Free Choice Act, a bill that’s been dubbed “the most sweeping pro-union legislation in the past 50 years.” The EFCA landscape is changing fast. Keep up with the latest by registering for our Aug. 27 webinar, Beyond EFCA: Preparing for the New Era of Union Organizing.

Consumers are hanging on tightly to every penny. One main cost they’re skimping on: their own health care—a move that experts say will lead to sicker Americans and higher health care costs down the road for U.S. employers. Here are three ways your organization can keep workers focused on their health even as they skimp on other expenses.

A recent study says that 40% of managers are considered “bad bosses” by their employees. Yet most managers assume that their relationships with their employees are running smoothly. Obviously, some of those bosses are wrong … and that can create major problems for a business. Here are seven common employee complaints about management, plus ways managers can silence them.

Q. Under what circumstances can my business make deductions from an exempt employee’s weekly salary without putting the employee’s FLSA exemption in jeopardy?

A survey of small business leaders performed by California-based TriNet Group says employee morale at small businesses was up or holding steady in the second quarter of 2009, according to 75% of respondents.

If you're relying solely on your memory to evaluate employee performance, you're making appraisals far more difficult than necessary. That's why it's best to institute a simple recording system to document employee performance. The most useful, easy-to-implement way is to create and maintain a log for each person. Follow these six steps:

Are some of your organization’s leaders still stuck in the Dark Ages when it comes to attitudes about pregnancy, childbirth and child care? You might be a few off-base questions away from a pregnancy discrimination lawsuit. Remind managers and supervisors to keep their opinions on mothers and motherhood to themselves.

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

Q. How should I address a woman who uses two last names, such as "Geneva Besmer Silverstone"? By her maiden name, her surname or both?

Sure, at one time or another, we’ve all worked for some great bosses and some bad bosses. But nothing can be more debilitating than working for someone who is ignorant of the laws. In the following case, a company president walked right into an FMLA lawsuit because he had never even heard of the Family and Medical Leave Act. He knows about it now ...

What exactly is a tickler file, and what’s the best way to use one? We liked the answer one administrative assistant, Bonnie, gave on our online forum, Admin Pro Forum.

What's a smart HR professional to do when his or her employer is sued and the records you thought would back up management are gone? You can still save the day by locating different electronic or paper correspondence that supports your decisions ...

Web sites don’t last forever. Some changes can be accomplished with simple maintenance, but patching can take you only so far. Here are five signs that it’s time to revamp your site.

If you find yourself seeking new employment, consider taking proactive, positive approaches. All hinge on online methods, which 40% of new job seekers use in their searches (2008 Spherion Emerging Workforce Study).

Federal anti-discrimination law says employers must try to “reasonably accommodate” employees’ “sincerely held religious beliefs or practices,” as long as the accommodations wouldn’t place an undue hardship on their organizations. What religious practices would be deemed legitimate in the EEOC’s eyes?

Q. This refers to your recent article, Turn nondeductible support into child care credit. Wouldn’t the credit be outweighed by the income tax owed by the relative for watching the children?

Even if someone else in the management hierarchy actually terminates an employee, a supervisor who’s seemingly had it in for the employee can still cause a world of legal headaches for the employer. This is the so-called “cat’s paw” legal theory, which holds that employers are liable if they approve a recommendation that is based on illegal motives such as retaliation.

Employers often get into trouble when they punish someone who has filed an internal harassment or discrimination complaint. But that doesn’t mean you shouldn’t discipline employees for legitimate reasons just because they filed an unrelated complaint. The key is being able to show a good reason for your actions.

Here’s a way to guarantee a race discrimination case will go to a jury trial: Let a supervisor with an obvious racial bias participate in the decision to terminate an employee who belongs to the protected class the supervisor dislikes. Even if you have a seemingly legitimate reason to terminate the employee, the supervisor’s involvement will taint the entire process.

Even if it’s all in their heads, some employees think their co-workers and supervisors are out to get them. If they’re unable to find an attorney willing to take the case, they’ll often file the lawsuit themselves, asking the court to find and pay for an attorney. Fortunately, fewer and fewer judges are granting those requests.

The U.S. Supreme Court hasn’t decided any big sexual harassment cases for several years. That doesn’t mean the problem has disappeared or that employers should slack off in their efforts to prevent and fix sexual harassment. Instead, review your training program to make sure sexual harassment gets the attention it deserves. Then be sure to investigate any harassment complaints you receive.

Here’s added incentive to handle terminations and other employment actions at the local level. When employees sue, their attorneys often look to expand the lawsuit beyond one person. They’re trying to find larger patterns of discrimination. This strategy can sometimes succeed if higher-ups in the company made the decision and based it on a common policy or framework.

Employees who want to file a discrimination complaint have to meet tight deadlines. They have just 90 days after receiving an EEOC “right-to-sue” letter to start their lawsuits. A perceived threat from an employer —such as a statement that it will “dig up” everything it can about the employee—doesn’t excuse missing the deadline.

Ever since the Supreme Court decided the White v. Burlington Northern case in 2004, retaliation lawsuits have been all the rage. But lately there’s been good news for employers. Courts have been refining the retaliation standard for almost five years and have begun concluding that truly minor work changes aren’t retaliation.

Chip away at a paper pile by first flipping the stack upside down, so the oldest material is on top. It’s easier to toss out old things. Break down a large pile into one-inch piles. Attack the first one-inch pile by reviewing each piece and asking these four questions:

Leaders find business lessons every where, even from a shirtless guy at a music festival. See the Youtube video that went viral, and find out why two top business gurus believe that, when in doubt, good leaders just jump in with both feet.

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...

Queston: “I want to know if I should tell my manager that I’m looking for another job.  For the past several months, our company’s business has been declining. Management recently slashed our pay, and one of my co-workers was laid off. It seems obvious that anyone in this situation would be exploring other options, but I’m not sure if I should bring it up. I've always been able to talk openly with my boss, but lately he acts like a different person.” — Uncertain

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 develop a reasonable retention policy and follow through by regularly deleting information you don’t need, chances are an employee later won’t be able to say you intentionally interfered with the ability to present a legal case ...

Leading Gen Y workers can be a baffling experience. "How do you find the good capital ‘G’ ones?” laments one leader. You may not find them, but you may be able to train them. Teach them skills they need, including the values of your organization.

If you notice that “summer stare” on employees’ faces as they gaze longingly out their office windows, it may be time for a morale-boosting seasonal schedule change. Here are some ideas working for the readers of the HR Specialist Forum:

Many employers place arbitration clauses in their employment applications or handbooks. The idea is that forcing employees to arbitrate workplace disputes will be quicker and easier than going to federal court. A recent federal court decision by a Florida-based judge has upheld the right to take even FLSA complaints over wage-and-hour law to arbitration.

Question: “Our organization will start a performance-based management for all employees in 2010.  We are to select two goals that are Specific, Measurable, Attainable, Realistic and Timely.  As an executive assistant to a senior-level executive in a large organization, I find it difficult to define specific and measurable goals. I schedule meetings, make travel arrangements and generally manage the people traffic for my boss's attention, but I don't see those duties as measurable.  Does anyone have suggestions for adding specific performance goals for an administrative support professional?” — Karen Bryant

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.

The economy is still funky. Unemployment continues to rise. And, with Boomers entering their retirement years, some of those older laid-off employees are crying foul. In fact, the EEOC last year reported a shocking 29% rise in age discrimination claims. The good news: A recent U.S. Supreme Court decision made it more difficult for employees to win such cases, as the following case shows …

In 2007, the EEOC released a set of guidelines advising employers on issues related to caregiver bias. Following up on that issue, the commission has supplemented those guidelines with recommendations designed to help employers “reduce the chance of EEO violations against caregivers.” It’s imperative that companies begin to train managers and supervisors on the content of this most recent guidance.

If your organization is limping through the economic downturn, you’ve no doubt considered cutting down your labor burden to save money. Before you resort to radical surgery—in the form of layoffs—consider a more benign cure that increases the odds of a full recovery. Furloughs—requiring staff to take unpaid time off—can reduce payroll costs without inflicting long-term damage.

Whether they’re shooting off their own “tweets” or following others, workers using Twitter—the fastest-growing social networking site—are creating liability and PR risks with their 140-character rants, raves and company gossip. Advice: Draft a brief policy on  your organization’s expectations for employee’s use of Twitter and other social networking sites (plus video).

Question: “My manager asked me to take over a very difficult position for which I had no background or training. He has been pleased with my progress. However, a group of guys from another department seem determined to make me fail. They ignore my requests, withhold information and argue about everything. My male predecessor left because of their behavior, so my being a woman is not the only problem. I tried making peace by offering to help with their work, but that only made things worse. Apparently, they viewed my olive branch as a sign of surrender. Recently, my boss and their manager decided that all communication between us must go through the two of them. This worries me, because it looks like I can’t handle the situation. Any suggestions?” — Not One of the Guys

Want to know how to get under the skin of the lawyers who represent employees? Ask one. They won't all cop to what sinks their cases, but this one did. Learn what she fears most when staring down an employer in court.

Meetings can be brutally boring. They can be too frequent, too long and too unproductive. You may think you can’t do anything to make a meeting more efficient and results-oriented—you aren’t the person leading it, right? But Amy Henderson, Henderson Training Inc., believes you can do a lot to influence a meeting.

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown:

1. Still shying away from Twitter? Almost a third of senior executives now use the social-networking tool ... 2. Gauge reactions to a controversial announcement before you deliver it to a group ...  3. Seek a new hire with integrity, intelligence and energy, advises Warren Buffett.

Employers expect employees to get to work on time. Occasional problems with traffic or family issues sometimes make employees late. But chronic tardiness is another thing altogether. While most employers track tardiness occurrences, they should do more. How?

You’ve been hearing a lot about creating value at work, especially lately, right? Being an intrapreneur is one way to do it. Intrapreneurs create a new process, product or service where they currently work. It’s like being an entrepreneur, but without venturing off to start your own business. It’s what Google famously allowed its employees time to do.

According to an EEOC lawsuit, when new management took over Club Gabys in Pembroke Pines, Fla., it stated its intention to “get rid of all the old and ugly people” and presumably replace them with young, beautiful and charming people like themselves ...

The 3rd Circuit Court of Appeals has ruled that managers who actually supervise the work of subordinates have a duty to report sexual harassment when they learn of it. If they don’t, their employer can still be held liable.

If you use your computer system to monitor your employees, now’s a good time to ask your attorneys: Are we vulnerable to a lawsuit under the federal Electronic Communications Privacy Act, a part of the federal Wiretap Act? A federal court considering a California case may have just made your electronic monitoring policies far riskier.

In light of the H1N1 virus pandemic scare, now's the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.

When HR investigates discrimination complaints, you don’t have to act like a court of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” So don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Try these cool Outlook tips: Click-and-drag names to your Contacts list. Eliminate the auto-complete names that appear in the “To” field of your e-mails. Share calendars with others in Outlook 2007 ...

Question:  “My boss, “Debra,” has been a wonderful mentor. As a result of her mentoring skills, I was recently offered a job with another company at a 30% pay increase. I would like to repay her by doing some “reverse mentoring.” Debra oversees a department of 125 people, manages a $3 million budget and has an MBA. She is also one of the smartest people I know. However, top management here frequently fails to recognize excellence.

After 27 years with this company, Debra finally seems ready to move on. She has been asking me questions like “What else do you think I might be qualified for?”  How can I help her?” —Grateful to My Boss

The Obama administration is stepping up efforts to audit employers it believes are violating federal employment eligibility verification laws. At the same time, it's ending "no-match" letters and requiring federal government contractors to use the E-Verify electronic verification system. Find out the latest on the ever-shifting issue of immigration and employment.

It’s late, and you’re chained to your desk finishing work your boss needs first thing in the morning. The two colleagues who were helping with the project? Long gone. Don't get stuck going it alone like that again. These four tips will help you manage co-workers who drop the ball.

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.

Discipline and termination meetings are emotionally charged events that carry the potential for nasty words, hurt feelings and even legal troubles. As a manager, you never know how employees will respond to discipline or firings. But you need to be prepared for anything—including employees who “let it all out” in long, loud rants. Follow these four do’s and don’ts to defuse rants and avoid lawsuits:

How many times have you come up with a more efficient way to accomplish something and wished you could quickly share it with co-workers? You can with collaborative tech tools, says Richard Laermer, media consultant and author of Punk Marketing.

Employees who take intermittent FMLA leave can often cause real problems for employers because they take time off so sporadically. But sometimes you may detect a pattern that indicates the employee might be abusing authorized intermittent leave. Can you fire him?

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.

When fans of natural cosmetics maker Burt’s Bees learned the company was selling itself to Clorox, a buzz of protest followed, as customers complained the bleach maker was not environmentally friendly. In response, CEO John Replogle went blogging ...

“Hot teams” improvise, do more work with less supervision and make the extra effort to follow through. Management consultant Laurence Haughton offers this advice for turning ordinary groups into hot teams.

Some employees think they know their jobs better than their supervisors do. They want to decide which parts of their jobs are important and which parts are not. Then, when evaluation time rolls around, they try to show that they achieved their own goals for their jobs—even though management wanted other goals met. Don't let this happen.

Last week,  I sent out one of my periodic newsletters which featured my recent blog post on leadership lessons from the Boss, Bruce Springsteen. That article prompted a note from Rich Beach, a director at IT services provider CGI and an alumnus of our Next Level Leadership™ group coaching program. In addition to being a smart and interesting guy, it turns out that Rich is also a great writer and quite the rock and roll aficionado. In his note, he shared with me one more leadership story about Springsteen and a lesson from the Beatles about getting the right people on the bus.

So, with his permission, and in his own words, here’s Rich Beach with two really cool leadership lessons from the history of rock and roll.  Thanks Rich!

It’s important to let your supervisors know they should be careful about handling job reference queries involving poorly performing employees. In fact, it’s best if they refer all inquiries about ex-employees to HR. As the following case shows, it’s best to let the potential new employer reach its own conclusions about the worker.

Large organizations have long realized that HR interns contribute to the bottom line. They’re inexpensive, productive and eager to impress. Now, with budgets cut to the bone, HR departments can use all the talented, low-cost staffing they can get. That’s especially true for small and midsize HR departments. Here are the best ways to find HR interns:

More than 33 million Americans now work remotely at least one day per month, according to the “Telework Trendlines 2009” survey report. Still, most managers have been trained to work with employees who are only physically present to them. How can you manage what you can’t see? Here are some tips:

We all know the “basics” when it comes to computers, right? Not necessarily. One person’s everyday shortcut may be another person’s “Cool! I didn’t know you could do that!” Try these nine keyboard and mouse tricks right now.

Whether they’re shooting off their own tweets or following others, employees using Twitter, Facebook, MySpace and personal blogs are creating liability and PR risks with their online rants, raves and company gossip. We’ve gathered the best of HR Specialist’s recent coverage of social media’s HR implications. You’ll find sound legal advice, and maybe a laugh or two.

When you hear "negotiation," what comes to mind? When I ask this question at seminars, women often respond: men in suits arguing and yelling; buying a car; attorneys. When I ask how many women enjoy negotiating, only a few hands go up. Yet in reality, women are born to negotiate.

Give those URLs a trim ... Show your e-mail skills by avoiding supersize attachments ... Use the subject line to identify different categories of e-mail ... Feel more rejuvenated after a summer vacation by coming home on a Saturday ...

Wear your heart on your sleeve: Emphasize with customers’ deep-seated concerns by moving from passion to compassion in marketing ... Educate managers with faster, more specific training: The trend is to pick up tailored programs offered by consultancies ... Move beyond traditional risk-management to lead your company through faster times.

Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

When employers investigate discrimination claims, they don’t have to act like courts of criminal law, deciding whether an employee is telling the truth “beyond a reasonable doubt.” Don’t feel paralyzed if a discrimination investigation boils down to one employee’s word against another’s. Use your best judgment to decide who is telling the truth and go with that judgment.

Sometimes, it isn’t the rule violation that makes a supervisor want to fire an employee, but the way the employee responds when confronted. Some will lie and deny what turns out to be obviously true. Others may ’fess up. You can leniently treat those who do the right thing, while punishing the others.

Q. A female employee has made a hostile environment claim for the first time. She alleged that her male supervisor began sexually harassing her more than two months ago. She claims she didn’t complain sooner because she feared her supervisor would retaliate against her. Based on her excuse, will we still be able to defend against a lawsuit claim by asserting that she unreasonably failed to use the complaint procedure available to her to prevent and stop any alleged harassment?

In a move that is surprising many, the EEOC has been taking on religious accommodations cases involving obscure and ill-defined religions. In one recent Florida case, the agency won the right to a jury trial for an employee who claims her religion requires her to wear a nose ring.

The Kinston-based Britthaven nursing home and assisted-living chain has settled a pregnancy discrimination claim with the EEOC for $300,000. The agreement settles a lawsuit brought by Katherine Hance and other pregnant employees who claimed they were treated differently from other employees ...

Some part-timers naturally want to move up to a full-time position. But when they apply and aren’t selected, they may claim they were turned down because of some form of discrimination—even if the real reason was that they weren’t performing well in their part-time roles.

Cutting training willy-nilly just to save money can create more problems than it solves. During economic downturns, companies need efficient, targeted training programs to improve productivity. And effective training positions companies to prosper as the economy recovers. To examine training programs and avoid eliminating those that do work, ask the following questions:

According to a recent survey, 22% of employees say they use some form of social networking five or more times per week, and 15% admit they access social media while at work for personal reasons. Yet, only 22% of companies have a formal policy that guides employees in how they can use social networking at work. Here are seven key questions to ask when drafting a social networking policy for your workplace.

Question: "I feel that I have been misled by my manager. When I was taking college courses, she told me she would work on getting my pay increased after I received my degree.Now that I’ve graduated, she says our company apparently does not give raises based on degrees.  She also says that our vice president feels I don’t deserve a raise because of tardiness and because I missed some meetings with him.I recently started an MBA program, but I’m not sure management appreciates my efforts to advance my career. What do you think?" — Educated and Underpaid

If your organization doesn’t have a solid performance evaluation system in place, you’re taking a high-stakes gamble you just might lose. Discharged employees who sue will have a much easier time getting to a jury trial if you can’t produce performance evaluations that back up why you terminated them.

As many companies cut back on expenses and, in some instances, cut staff, how do you maintain your edge and ask for what your department needs without immediately seeing your request denied? Tell a tale, become a storyteller and see your words make an impact.

Supervisors often come down hard on underperforming employees during regular performance reviews. But sometimes, completely negative appraisals can come back to haunt you if the employee later sues. Juries are more likely to believe that you terminated the employee fairly if you include some positive feedback.

Treasury has formally released its explanations of President Obama’s tax proposals for the 2010 fiscal year. The long-awaited “Green Book” provides vital in-depth information for both individual and business taxpayers. The proposed tax changes hit hard: Revenue-raisers aimed at individuals total more than $736 billion over 10 years while business tax cuts amount to $71 billion over the same period.

Any executive who has ever been charged with leading a turnaround has to empathize at some level with President Obama. How would you like to be accountable for two wars, a shaky economy, fixing the health care system and dealing with Iran and North Korea – all at once?  If you’ve led a turnaround, you know that the flood of issues can overwhelm you and make you more than a little frantic. The image I have in mind is the little Dutch boy trying to plug his fingers into all the holes leaking water from the dike.

Regular readers know that I’m an Obama supporter, but I’m beginning to worry (as is Colin Powell) that he’s trying to plug too many holes at once. As he travelled to Russia, Italy and Ghana last week, Obama needed to take time out to walk back comments from Vice President Biden on the economy and Chief of Staff Rahm Emanuel on health care reform. You just get the sense of someone who is trying to keep too many plates spinning.

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...

When the Lake Forest Graduate School of Management got socked with back-to-back health premium increases of 21.9% and 19% in 2004 and 2005, respectively, its HR execs knew it was up to them to help the employees get healthy.

Q. We are having trouble making payroll and have asked our employees to give up pay for 20 hours per month while they work their regular schedules. Can we do this?

Spend any time scanning the world’s 112 million blogs and you’ll find plenty of employees discussing their work. Sometimes that spells legal trouble for employers. By implementing an effective company blogging policy, you may avoid many of the pitfalls ...

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. Fresh off a standing-room-only session at last week’s SHRM Conference in New Orleans, Falcone’s next stop is right here at the HR Specialist. He’ll present his powerful “Tough Talks: Scripts and Strategies for Difficult Employee Discussions” on Thursday, July 16.

Jack Stack led an employee buyout of International Harvester’s remanufacturing division in 1982 and grew the company to 22 subsidiaries and sales of $150 million by 2000. He laid out his ideas in The Great Game of Business and A Stake in the Outcome, his manifestos for open-book management. Today we would call his career a drive for financial transparency.

Q. We are a small start-up company. We have an office manager whom we pay $350 per week. I understand that, in order to be exempt from overtime labor laws, we would need to pay her at least $455 per week. We can’t afford to pay that amount, but are willing to provide her stock in the company. Will that help?

How do you deal with problem employees? Expert HR trainer Amy Henderson says supervisors' discussions should focus on four points when addressing problem behavior.

As a 48 year old, I am too young to have a first hand recollection of the role that former Secretary of Defense Robert McNamara played in shaping the Vietnam War.  As a student of leadership and history, I’ve been fascinated to read the many different obituaries, articles and editorials that have been written about the man since he died earlier this week. They range from sympathetic (as an example, see this interview with George McGovern on Politico ) to reflective (for instance, David Ignatius’ column in the Washington Post to angry (Bob Herbert’s column in the New York Times is one example).

Of all the articles I’ve read on McNamara, the most comprehensive is the front page piece by Thomas Lippman in the Washington Post. With respect and acknowledgment to those who experienced Vietnam as young adults, here are a few lessons that I’ve picked up from the life of Robert McNamara that I think leaders should keep in mind.

Unions are flourishing during the current economic crisis, slowly emerging after decades of decline. Chances are, more and more of your employees are being courted by unions, whether your organization is currently a union workplace or not. Now's the time to educate yourself on what you can and cannot do to discourage union membership.

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.

Question: What kind of touching is considered “inappropriate” at work? I don’t mean sexual contact, but simply an occasional pat on the arm or a hand on someone’s back. One of our managers, who is naturally gregarious, received a formal complaint about this kind of touching. The complaining person never said before that she was offended, so how was he to know? My own management style has been described as warm and “touchy-feely.” Should I start being more careful? -- Concerned

Q. An employee has requested one hour of unpaid intermittent FMLA leave. Can we require him to use up a half or full day of leave instead?

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Asked to look back over 30 years in the context of our tumultuous times, Jim Collins, author of the best-sellers Good to Great and Built to Last, offers these thoughts about where we find ourselves and how to proceed.

If you operate a business that is open to the general public, you’re legally obligated to make the premises accessible to disabled people. Similarly, you might update the facilities for disabled employees in your office. At least you can salvage some tax benefits when you modify the building: Build your renovation plans around the “disabled access credit.”

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. The solution? The times call for stepped-up communication, says Steve Williams, director of research for SHRM.

When employees approach retirement, they sometimes go on autopilot, frustrating everyone involved, including co-workers and supervisors. But you can demand productivity from such employees and discipline them accordingly. Just be prepared to take special steps to stay away from age bias claims.

Odds are that many forms of social media, such as Facebook and Twitter, are already thriving in your workplace. As an employer, it’s best to make a conscious decision about how to address social media issues with your employees. Proactively develop a policy so you don’t get stuck doing damage control—perhaps becoming the latest talk heard ’round the virtual water cooler.

A big management axiom is: “It’s not important for my employees to like me; they only need to respect me.” Not true, says management consultant Mike Winstanley. It’s fine—even important—for managers to be liked by their employees, he says. Four ways that managers can increase their “likability":

Duane Reade, the New York/New Jersey drug store chain, has agreed to settle an EEOC lawsuit alleging that it allowed the work environment at one of its New York stores to become hostile by subjecting several female employees to sex and pregnancy discrimination.

When dashing off your next memo, report or e-mail, cut right to the core points. HR directors from half of the 120 major American corporations polled in a recent study said they consider writing ability when making promotions. "You can't move up without writing skills," one HR director said.

The EEOC essentially exists to prevent lawsuits by independently investigating discrimination claims and then trying to settle as many disputes as possible. Not surprisingly, the EEOC and its sister agencies often come to believe a discrimination problem exists and then urge employers to settle. Know that you don’t have to agree to settle.

An employee approved for intermittent FMLA leave says she only needs to take an hour this week. Can she take leave in such a short increment? Could she take even less?

At some point in their careers, most people end up in the position of being left to do the work after flaky colleagues drop the ball. Anita Bruzzese (www.45things.com), who writes about workplace issues, offers these four tips for handling co-workers who drop the ball, and how to get them to pull their weight:

I’m spending a lot of time this week talking with high potential leaders in our group coaching program about the next level strengths and opportunities that are showing up in their 360 degree feedback results. The goal is to get the focus down to improving one or two behaviors that will make the biggest difference in how effective they are as a leader over the next year. One thing I’ve learned in coaching busy leaders is that there’s a much greater chance of success if you focus your attention on one or two opportunities that could make a big difference than it is to spread your attention across 5 or 6 or even more things. My rule of thumb is if you can’t remember what you’re working on,  then you’re probably not going to get much better.

That’s where the T shirt comes in.

How can you be assured of enough face time with your boss to ask questions, convey critical information and dazzle her with your smarts—without coming across as a time drain? The key, advises author and workplace columnist Anita Bruzzese, is to be aware of what your boss wants and when and how she wants it.

Q. In your article on the new stimulus law, you say you can get the homebuyer credit for purchases in 2009. Can I claim the credit if I already own a home?

Attorney Alison West thinks every HR pro should keep a pen and paper with them at all times. “It will help you get into the habit of documenting,” she said at the SHRM Conference in New Orleans. West believes documentation is crucial to keeping a workplace running right—ensuring fairness, promoting good performance and, most important, winning in court if an employee sues you.

Let the battle begin. On March 10, The Employee Free Choice Act, commonly referred to as the “card check” bill, was introduced in Congress. It's the top legislative priority of labor unions. If passed, EFCA would streamline the process of union organizing, tilting it substantially in favor of workplace unionization. Union-free employers should consider acting now to keep their operations union-free. Here are the action steps to take today ...

Everyone in the financial world is stepping back and asking, “What am I supposed to be learning from this?” So says Scott Eblin, who interviewed financial-sector leaders in March for a senior executive client. The leaders had taken away four lessons ...

Q. I’ve heard conflicting answers: Is it legal for our company to pay our hourly employees comp time instead of paying time-and-a-half for overtime worked?

Tracking web sites, blogs, social networking sites, Twitter—it can be overwhelming. And if you’re not fluent with online tools, it can sometimes feel like a serious waste of time. Here are four tools to help you keep track, without straying to web pages you don’t have time for.

Violating Fair Labor Standards Act (FLSA) timekeeping rules can be a costly error, as the hospital in the case above discovered. The FLSA requires employers to keep at least the following ...

Q. We have a pregnant employee who is planning to take maternity leave soon. Her performance has deteriorated badly during her pregnancy, but we don’t think her pregnancy has anything to do with it. Can we terminate?

Prepare for media interviews by reviewing what the reporter has published or aired before. Ask the reporter for draft interview questions in advance. Most of all, know what you want to say and rehearse it. Follow these six tips to get the main idea you want to convey into an understandable story.

Sooner, rather than later, might be the time to think about possibly needing to negotiate a severance package, if you don’t have one. The landscape has changed, so here’s what to have in your back pocket.

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 ...

In 1970, the CEO of Tektronix, a firm based in Oregon and renowned for its measurement and monitoring technology, sat at a desk in the main workspace. When needing privacy, he and any other staff members could use a small, glass-windowed office in full view. His approachability helped the team click.

Too many employers assume they can just classify employees as FLSA exempt without being challenged. The truth is quite different. In fact, many overtime labor law cases are filed when an employer fires an employee for entirely legitimate reasons.

The IRS has yet to issue formal guidance on whether multiple vehicles can qualify for the new vehicle sales tax deduction. But taxpayers can expect some good news on the way. Alert: There’s no limit per taxpayer, an IRS spokesperson recently told tax publisher CCH. Therefore, if you qualify, you can write off sales and excise taxes for two or more vehicles purchased this year.

With employees fretting about layoffs, or reeling from recent workplace cuts, now’s a great time for team-building. You don’t need an expensive round of paintball to gain the benefits of team-building exercises. But you do need to squeeze the most out of them.

Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?

Q. We’ve begun paying FLSA exempt employees 20% less per week and asking them to work 20% fewer hours. Some still continue to work far more hours. Can we legally do this, or must the employees report the actual number of hours they worked on their time sheets, even though they’re only receiving 80% of their regular salaries?

Q: “Our new CEO is very vindictive. He has ‘spies’ who feed him stories about employees that he doesn’t like. He fires people based on fabricated information, then displays his power by having security accompany them off the premises. I recently met with him to explain how this is hurting the business. I had data to prove that customer satisfaction and employee turnover have gotten worse since he arrived. But the CEO placed me on final warning for insubordination. For the next year, I can be immediately terminated for any additional offense. How do I establish a safe relationship with this man? — A Dedicated Manager

Surveys of U.S. workers consistently show that employees want more than a paycheck from their jobs—they want to feel safe, secure and appreciated at work. Here are eight guidelines for recognizing and rewarding employees, according to an Adecco management report.

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

My goal this morning is to leave you with some food for thought over the next few days.  This has been a week when I’ve had the opportunity to coach leaders in a number of different situations and settings.  I’ve been impressed and humbled in each instance by the conscious nature of leadership that I’ve seen.  My main contribution has been to frame up some questions and create some space for the leaders to observe themselves and determine what their next moves should be.  I thought I’d share some of those questions with you today.

Catch a second wind by tackling a task on your “Mind Like Mush” list ... Is your boss an ‘allergic-to-details’ type? Keep project files handy that contain details he or she is likely to need ... Find travel deals by booking later ... Spruce up your administrative “portfolio” by adding a dash of visual material.

Q. Regarding your recent article, Any tax impact if I don't take IRA distributions in '09, I question why you would pay income tax quarterly when the RMD is taken in the last quarter. Is your answer accurate?

Many supervisors and managers have yet to learn they shouldn’t make any comments about an employee’s EEOC or other discrimination complaint. Remind supervisors that any comment about employees’ legal claims can be retaliation—and retaliation is much easier to prove than actual discrimination.

Q. We have noticed some of our inventory is missing, and we believe it might be leaving our facility via our employees. Can we search them and their belongings?

Always investigate a co-worker harassment claim right away. If you find a problem, fix it immediately. A rule of thumb: If co-workers say things that most people would find inappropriate, chances are the terms really are offensive—and likely to create legal liability. Most common slang for race or ethnicity is likely to cause trouble.

Employees are often quite sophisticated about their legal rights—especially when they suspect their jobs may be on the chopping block. When they think of the lawsuit possibilities, they may even try to set up their employers. One easy way
to get a case going is to blow the whistle on alleged wrongdoing.

Q. I own a construction company. We require all employees to wear a company shirt. If an employee does not wear a company shirt, he or she is assessed a $25 per day penalty, which is deducted from the next paycheck. Is this penalty legal?

It’s time to check your policy on maternity leave. An Ohio appeals court has ruled that it may be discrimination if you don’t provide maternity leave to employees who don’t qualify for your usual leave plan because they haven’t been on the job long enough.

Sometimes, an employee whose job is in jeopardy will try to protect it by initiating a lawsuit intended to intimidate her employer. She may call in sick instead of showing up for a termination meeting, hoping to create an FMLA retaliation or interference claim. Here’s how to handle such tactics.

When it comes to a racially hostile environment, management must stay on top of the situation. As soon as anyone in HR or upper management gets even the slightest hint that hostile bias has reared its head on the front line, jump into action.

If you have a manager or supervisor whose decisions have caused lawsuits that you have lost, be on your toes the next time that manager has to make an employment decision. Make absolutely sure that you can pin the decision on some objective reason.

Don’t rely on old job descriptions or résumés to prove you have properly classified an employee as exempt from overtime. Instead, make sure employees’ job descriptions actually reflect the day-to-day work they’re performing. Little else counts.

Sometimes, employees claim protection from religious discrimination based on very unconventional beliefs. No matter how unusual, employers must reasonably accommodate those beliefs unless doing so causes an undue hardship. Employers should be prepared to show why it would be a hardship before terminating the employee.

Q. The authorized treating physician of an employee who suffered a job-related injury referred the employee to a pain management specialist. Now our employee tells us that our workers’ compensation carrier has not responded to the referral request. The carrier evidently believes that this referral is not reasonably and medically necessary. Can it deny the referral request for that reason?

It’s been many years since a big sexual harassment case hit the Supreme Court. That’s no reason for employers to rest easy. Regularly review your sexual harassment policy to make sure it’s doing what it should do. Don’t forget to train new managers and supervisors on how to handle complaints, especially those who have recently been promoted from lower-ranking positions.

Q. The Employee Free Choice Act (EFCA) has been headline news as of late. What is this proposed legislation?

A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk. Although the court has said the award should be lowered, the employee will still collect more than $6 million in compensatory damages.

Poor attitudes among managers and supervisors can infect the rest of an organization, and courts are becoming more aware of the adverse effects of such so-called “poisoned wells.” As the following case shows, when higher-ups in the organizational hierarchy display signs of discrimination, those lower down may act on those signs.

A federal jury has awarded $74,000 to Melissa Brown, a former food service director at Plymouth House nursing home in Plymouth Meeting, after the contractor employing her dismissed her when she sought maternity leave. But that was just the beginning ...

Employers have great leeway when it comes to discharging employees. But many employers get into trouble by failing to conduct a thorough and fair investigation. If the employee can prove the investigation was so cursory that it was just an excuse to cover up an illegal motivation such as age discrimination, the employer may lose big.

We can’t say it often enough: Employees can lose discrimination claims and still end up winning big because their employers retaliated against them for complaining in the first place. Don’t let that happen at your organization. Develop a plan to stop retaliation dead in its tracks ...

Some people have more trouble than others managing personal relationships. When such a person has a supervisory role, the result can be disastrous. Don’t fear discharging a lousy manager based on what you observe or find out following an investigation.

Fired employees with vengeance on their minds often go looking for a reason to sue. They often latch on to the charge that they complained about discrimination and then were punished. As the following case shows, it takes more than a casual mention of diversity to constitute a protected action.

A New Jersey court has held that e-mails employees send to their attorneys via work computers are not protected by the attorney-client privilege. The court’s willingness to rule that an employer’s right to control how employees use its computer equipment trumps attorney-client privilege is significant. The decision makes it clearer than ever that employers should carefully consider the language they use in their employee handbooks.

Employees everywhere are tapping their professional networks, as they look for new jobs or prepare for the possibility of a pink slip. The good news is that a number of strong associations already exist and can offer a string of networking benefits. Here are a few tips for

It’s natural to ask questions when you learn someone at work is going to have a baby. But it’s quite another thing when pregnancy-related questions come from supervisors. It's best to let HR handle any leave requests and the like. Otherwise, you just might find your questions interpreted as anti-pregnancy bias if you end up having to fire a pregnant employee.

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act (ADA), that person could be deemed “disabled” and entitled to reasonable work accommodations ...

Employers that made the 2009 Companies That Care Honor Roll are going green. Organizers of the 37-member Honor Roll point to a growing trend among applicants toward benefits, policies and activities that shrink their environmental footprint. Some of them encourage their employees to do the same. Some examples:

If your boss micromanages and drives you crazy, forge a stronger relationship with him or her. For example, practice the "art" of communication, says Harry E. Chambers, author of My Way or the Highway—the Micromanagement Survival Guide. “Show that you’re in motion on priority projects by communicating in three specific terms: awareness, reassurance and timelines."

You know a presentation is going badly when audience members start tapping on their BlackBerrys. These days, especially, it isn't easy to capture and hold a group's attention.Keep your presentation clear and effective with these PowerPoint tips:

Although it may seem counterintuitive, there are many good reasons to launch a one-person HR consultancy as the economy sputters. Despite the layoffs and budget cuts, downsized organizations are still hiring HR consultants and contractors to perform a range of basic services.

Despite the daily economic lamentations, some employers are still hiring. Employers that are hiring may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices.

With competition for customers and clients keener than ever, your product related presentations can make or break sales. Close the deal by sharpening your pitch with the methods of Apple Computer co-founder Steve Jobs, a widely acknowledged master of presentations.

The two biggest comp and benefits myths about Generation Y employees—your youngest workers—are that they don’t care about money … and that they care only about money. They want more than that. In fact, they want way more. Use their demands as a negotiating tool, and watch the productivity of these young, tech-savvy go-getters soar in response.

You've scrupulously avoided office gossip, but that isn't protecting you from being the subject of this week's chitchat. Wanting to jump quickly to your own defense is a normal reaction, but it might exacerbate the situation. Follow these steps to salvage your reputation and stop the gossip.

Question: "What types of policy/guidelines do you have for office events during business hours? For example, does the admin plan the event or should a committee plan it? How involved is the senior management staff in planning an event?" — Anonymous
 

The federal government has announced a delay in the implementation date for two regulations that affect employers: using the online E-Verify system to check the work eligibility status for new hires and having a written plan to detect and mitigate identity theft of consumers' data.

Q. If an employee constantly calls in sick because of migraine headaches, how can we verify the real reason for the absences? Can we ask for information each time the employee is absent?

Years ago, when I was a corporate executive myself, I read and re-read Kevin Cashman’s Leadership from the Inside Out.  (A second edition has recently been released which I encourage you to buy.)  With its emphasis on the leader as a whole person, Kevin’s book really helped me get up on the balcony and look at the bigger picture of what I was trying to do, what really mattered and how I need to show up to make all of that more likely.  The time I spent with Leadership from the Inside Out had a lot to do with why I became an executive coach eight and a half years ago.  As Kevin would say, coaching is my “sweet spot.”

So, being such a fan of Kevin’s work, you can imagine how happy I was to hear him deliver the keynote presentation last week at the annual meeting of the Washington, DC chapter of the International Coach Federation.  He did not disappoint.  In his talk, Kevin shared 11 things he’s learned in 30 years of coaching leaders.  It was all good, but here are a few of his points that hit home with me that I want to share with you:

Major railroads announced more furloughs of employees in recent days as they try to decide between getting rid of workers completely or keeping them on retainer in hope the economy will improve soon.

Bonuses have gotten a bad name lately. But the howls of outrage that followed news of AIG execs' huge retention bonuses shouldn't be the death knell of pay for performance. Here are 10 tips for making your bonus system work in today's economy.

If you need more incentive to persuade supervisors to stop making negative comments about employees’ ages, consider this: A jury recently awarded a fired employee more than $10 million in punitive damages for age discrimination after what may seem like fairly insignificant ageist talk.

Question: I can’t seem to get promoted, even though I am well-qualified. My performance evaluations are excellent, and I have received numerous awards. The company posts promotional opportunities so that anyone can apply, but the “winning” applicant always seems to have been selected in advance. Obviously, politics plays a great part in these selections, and I am not a political person. I do interact with people, but I just don’t do it with an agenda in mind. How can I get ahead? —  No Way Out

The recession has plenty of employees distracted and anxious—about their jobs, their 401(k)s and their monthly bills. That’s not good news at a time when you need to squeeze every ounce of productivity from your employees. These 14 tips can motivate shell-shocked employees.

Q. In a recent article, Roth conversions: a partial maneuver, you said you could convert part of an IRA to a Roth. Can you undo a partial conversion?

Employers that hire outside firms or investigators to conduct employee investigations and background checks must make sure those vendors strictly comply with the Fair Credit Reporting Act (FCRA). Failing to do so can result in substantial legal risks, including damages, penalties, fines, punitive damages and attorneys’ fees awards.

Macy’s CEO Terry J. Lundgren knows it’s valuable to see your business the way your customers do. So he spends time each week walking Macy’s floors as a customer would. The experience allows him to get a feel for the shopping experience in a particular store and to take any issues or concerns back to management.

Last week I was coaching a group of high-potential leaders moving up to the executive level. Our topic was “organizational presence,” which was on point since many of these folks are working on expanding their networks beyond their immediate areas of responsibility. 

When I lead a group coaching session, I like to have everyone share examples of what they’re doing to improve their leadership skills in “real life.”  It was striking to hear the results that several leaders were getting by being intentional about asking more questions in meetings. There were two big tips in the stories. Here they are along with a “bonus tip” I shared with the group.

President Obama has said he wants to “make government cool again.” His latest attempt: The federal government’s HR directors are studying a plan to boost the starting pay of college grads by a cool $8,000 a year—to $41,210.

The best way to cultivate passion in your employees is to exude it yourself. If you love what you’re doing and express your enthusiasm, others will follow your lead.

A former manager at Tyler Roofing Co. recently filed suit against the company, claiming that his employment was terminated because he missed work to receive cancer treatments. He sued for disability discrimination and violations of the FMLA in the Eastern District of Texas.

This month's collection of real-world quick tips from American business leaders, brought to you by members of The Alternative Board.

Ford’s new chief executive, Alan Mulally, was mocked in 2006 for gathering more than 400 bankers into a ballroom and asking them to mortgage the company’s assets to pay for an overhaul of the carmaker. The cash, he said, would give Ford “a cushion to protect for a recession or other unexpected event.” Here are some take-away lessons from this forward-thinking leader:

Terminating a pregnant employee because she has minor medical restrictions can be very expensive. The move may mean you have to make the employee financially whole—plus pay a large punitive damage award and attorneys’ fees. Here’s the best way to handle temporary medical restrictions associated with pregnancy:

It's almost performance review time, and you want to bring up issues with your boss about co-workers but not sound like a griper? Liz Ryan, a workplace expert, gives her advice on how to speak up during a review:

The Department of Homeland Security announced last month it is shifting its immigration enforcement efforts to target employers that hire undocumented workers, rather than targeting the workers. The new emphasis should put employers on notice to pay close attention to their employment eligibility verification processes. Failing to comply can carry a high price.

This is the time of year when college students start serving summer internships. Often, students offer to work without pay just to get the experience. But does this influx of possible free labor carry hidden risks? Perhaps ...

How often do you start the day with a to-do list? And how often does that list fly out the window by 10 a.m.? The trouble is, says time management coach Patricia Hutchings, we don’t build enough flexibility into our calendars.

While you may not have been partying much at the office lately, some employers see summer as an ideal time for an all-staff get-together. Instead of spending a lot on flowers and glassware rentals, get creative with these summertime themes.

Employee theft is a huge problem, and employers are sometimes tempted to make an example of a thief. They hope to discourage other employees from stealing. It’s a bad idea, because the alleged thief may sue for defamation. Instead, keep the information as confidential as possible.

Anybody can lead people who are hardworking, pleasant, thoughtful, respectful and fun. The true challenge is whether you can handle PITAs, which stands for either Pains In The Ass or Professionals Increasing Their Awareness, depending on how kind you are. Here are a few types of PITAs and how best to lead them.

Congress is considering legislation that would require employers with 15 or more workers to provide seven days of paid sick leave per employee per year, an expansion of the FMLA that a coalition of HR and business groups immediately decried.

As Chrysler sought a buyer, Ohio Attorney General Richard Cordray wondered how much it would cost the state in workers’ compensation payouts. Chrysler self-insures its workers’ compensation, but Fiat may not want to assume that obligation. What happens to workers receiving benefits then?

When you’re giving feedback, neither constant praise nor endless criticism is any good. Many leaders fall silent when something is done right. Even worse, unrelenting criticism undercuts morale and kicks up anxiety, killing any joy that people take in their work.

If an employee is taking FMLA leave to care for a newborn or to adopt a child, you can require the person to take any planned FMLA leave in one session. FMLA intermittent leave is not guaranteed for birth and adoption the way it is for other serious conditions that require periodic care.

If an employee asks to be reclassified from nonexempt to exempt, make sure you carefully look at her position to determine her proper classification. If you have a legitimate reason for your classification decision, chances are she won’t be able to win a claim that you discriminated when you refused to reclassify her as an exempt employee.

Ben Smilowitz, a student at the University of Connecticut Law School, never figured he’d start an organization monitoring disaster relief. That’s what happened, though, after he volunteered to help Hurricane Katrina victims and witnessed large gaps in response firsthand.

Being out of a job for an extended period no longer carries the stigma it once did for top managers, says a new Robert Half Management survey.

Even though it’s a cliché, our greatest strengths are also our greatest weaknesses. For Thomas Jefferson, his strength lay in trusting people, but—especially when it came to financial matters—he trusted them too much. To use the signature phrase of a much later president, Ronald Reagan, Jefferson needed to “trust but verify.”

Surveys of U.S. workers consistently show that employees want more than a paycheck from their jobs—they want to feel safe, secure and appreciated at work. Here are eight guidelines for recognizing and rewarding employees, according to an Adecco management report.

Digging your company out of this recession will probably require some unconventional thinking. Most small businesses can’t simply play it safe and expect to thrive, let alone survive. Ira Blumenthal, author of Ready, Blame, Fire: Myths and Misses in Marketing, points out 10 common business myths that small business owners are too quick to believe in.

Ask your employees to focus on razor-thin, challenging targets, and they might fail or do something unethical. Instead, use this 10-point checklist when setting performance goals for others:

Boost productivity by “plotting” the items on your to-do list ... Organize a boss’s overflowing e-mail box by setting up inbox folders ... Manage team conflict with this tactic ... Take a breather every hour, for peak productivity ...

Pulled from the pages of HR Specialist newsletters, here are five practical, workplace-proven tips for you to try. From management advice to hiring innovations, they'll help you work smarter and more productively.

A Houston manufacturing company has paid $1.6 million in back wages to 1,751 employee, a federal jury in Newark has awarded $2.5 million in damages to 343 sales managers employed by office superstore Staples and even the feds can’t keep overtime law straight. Overtime violations were on the rise this month. Here's a rundown of a few recent cases.

Nearly a third of HR professionals plan to alter their total rewards programs with generational preferences in mind, according to the new Top Five Total Rewards Priorities survey. That figure is likely to increase significantly in the future because the workforce is becoming more multigenerational—especially as older workers remain longer to rebuild their nest eggs.

Do you own a “vacation home” near a beach or in the mountains? It’s a great place, but maybe your children have grown up and moved away or the place has become too expensive to maintain—or both. Strategy: Rent out the home part of the year. Although it can be a hassle, the cash flow and tax benefits may outweigh the inconvenience.

The American Recovery and Reinvestment Act of 2009 gives small business owners a second chance at a “one-time” tax-saving opportunity. It revives the enhanced Section 179 deduction and “bonus depreciation” tax breaks that officially expired after 2008. These two tax goodies can be combined so that your small business can write off most, if not all, of the cost of new assets placed in service this year.

Fear can paralyze even the most successful people. To make it through the recession, though, businesses need people who can be fearless. Gayle Lantz, author of Take the Bull by the Horns, says that to move back into “thrive” mode, “You’ve got to figure out how to aggressively move forward.”

As an executive coach and someone who spends a lot of my time trying to figure out how leaders can be more effective, you can imagine how excited I was to learn that there is all kinds of new data out on employee satisfaction in the federal government. The Partnership for Public Service has released the results of its biannual Best Places to Work in the Federal Government report. Being the total leadership geek that I am, it’s been a lot of fun for me to get online and sort through the 74 employee survey questions that the study is based upon. What’s even more fun for me is the direct comparison between the public and private sectors on 13 benchmark questions from the Best Places to Work studies.

(I know what you’re thinking.  “Wow, he needs to find a hobby or something.”  You may be right, but hang with me as I’m getting to the really good stuff.)

That’s the advice Marilyn Carlson Nelson received from her dad when she was 13 years old. Today Nelson, owner of the $40 billion Carlson Cos., is one of the world’s most successful entrepreneurs and philanthropists.

Q. We have an employee in her third week of maternity-related FMLA leave who comes to work to check her e-mails, make some work calls, etc. How should we handle this? Could there be liability issues because there’s no doctor’s release yet?

The FMLA now requires employers to give employees serving in the military (or who are next of kin to service members) up to 26 weeks of unpaid leave under specific conditions. While few employers begrudge military families such leave, unforeseen leave can pose scheduling problems as employers come into the summer vacation season.

Pregnant employees of Southfield, Mich.-based accounting firm Plante & Moran count on support from co-workers who’ve been there. HR pairs expectant moms with those who’ve recently had babies so they can ask questions and get support. The buddies also help new moms make a successful transition back to work.

Base compensation and incentives for HR professionals took a hit last year, according to a new SHRM report, and they aren’t likely to recover anytime soon. The one bright spot, ironically, is pay for compensation and benefits specialists.

One of the biggest problems with the FMLA has always been the certification process. Until recently, employers weren’t allowed to call a health care provider whose form looked suspicious or whose diagnosis sounded suspect. Now, fortunately, employers can at least call the medical provider to ask whether the information on the form is accurate and get clarification on any unclear parts.

Employees do the darnedest things, and it’s often up to HR to clean up the resulting mess. Better to have prevented it in the first place. Two recent news stories point out problems that could have been stopped with simple policies on use of technology in the workplace. With the right handbook lingo, much corporate embarrassment could have been avoided.

The Supreme Court has ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. The decision in AT&T Corp. v. Hulteen generally followed the reasoning the High Court used in its landmark Ledbetter v. Goodyear Tire & Rubber ruling: If a policy was legal at the time alleged discrimination occurred, employees can’t challenge it retroactively.

If you’re in a management role, make sure you “onboard” new hires. You’ll benefit from more engaged, productive employees who want to stay and be committed to the company. Try these three simple ideas:

Don’t wall yourself off from employees. Instead, make yourself an accessible member of the team like Japan Airlines CEO Haruka Nishimatsu. He's even removed the walls from his office so that anyone can stop by without an appointment.

Your boss asked you to prepare a spreadsheet for a meeting the next day. It took a couple of hours and some shuffling of priorities, but you did it. When you arrive at the meeting, though, your boss handed you a spreadsheet that someone else created. Should you tell your boss how frustrated you are?

The Supreme Court on May 18 ruled that women whose retirement benefits are worth less because they weren’t credited for time spent on maternity leave before enactment of the Pregnancy Discrimination Act can’t sue to recover lost funds. Learn more about a case with important implications for benefits programs.

Take steps to ensure that you knock this year’s performance review out of the park. Normally, says workplace expert and former HR executive Liz Ryan, only a small percentage of employees invest time in preparing. “But in 2009, performance reviews will matter—a lot,” Ryan says.

At PCL Construction in Denver, employees decide which wellness programs the organization will offer. Employee-run wellness committees at each corporate location focus on physical, financial and community wellness, as well as team building.

Uncle Sam often examines deductible travel expenses through a magnifying glass. So both employers and employees must meet strict recordkeeping rules—or face the consequences. Fortunately, you can take a shortcut. Use IRS-approved per-diem allowance rates in lieu of accounting for every bagel and cab ride from an employee's business trip.

The federal government has announced a delay in the implementation date for two regulations that affect employers: E-Verify and the "red flag" rules.

Does your company have a mentoring program? About 70% of Fortune 500 companies do. Even if you don’t have a formal way to seek out a mentor, consider doing the legwork to find one on your own.

Parents of disabled kids who work for data management firm NetApp have access to enhanced health benefits to cover speech, occupational and physical therapy. Any child up to 12 years old who is diagnosed with a developmental delay or disorder is covered.

Employees who believe their employers may be forcing them to participate in a tip pool and may be diverting part of the tips to owners or managers who aren’t entitled to them may or may not have a right to sue on their own behalf.

You might have rogue managers in your midst without even knowing it. If one of your supervisors has it in for a subordinate for discriminatory reasons, and you rely on his recommendation to terminate an employee, you may be in trouble.

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

To avoid paying overtime and keeping track of every minute employees spend on the job, many employers reflexively classify employees as exempt rather than hourly employees. But many employers get it wrong—and that can be costly.

Now that much of our workplace communication is via e-mail, text messages and IMs that can be easily saved—and recovered—it’s easier to gather the evidence you need to win in court. If you think an employee is being insubordinate, be sure to review and archive all relevant e-mails.

Congratulations! You’ve settled a case. Now make sure the same employee doesn’t sue you again. Remind managers and supervisors to treat the employee exactly like they treat all other employees in the same position.

In its 1998 collective-bargaining agreement, Caterpillar promised to provide retiree health benefits to its workers at no cost to them. By 2005, Caterpillar recognized it could no longer provide the health benefits without the retirees chipping in. When labor and management sat down at the table to hammer out a new agreement, retiree health costs was one of the sticking points ...

Employees who’ve been fired have little to lose—and they’re quite likely to see a lawyer about possible litigation. Right off the bat, you can expect that attorney to check whether the employer conducted a real investigation before making the termination decision.

Employers, beware: More employees are suing over so-called association discrimination, claiming their friendships or other relationships with black employees have resulted in discrimination against them, in addition to their acquaintances. Recently, the 6th Circuit came up with guidelines for when employees can sue based on their relationships with black employees.

Murphy Ford of Chester will pay $244,000 to settle sexual harassment complaints from three female employees. According to a complaint filed with the EEOC, the women complained to management about the dealership’s service manager who used to grab his private parts and make sexually explicit comments.

Sometimes, immediate supervisors want to be helpful when a valued employee asks for disability accommodations that seem reasonable. Instead of having HR handle the ADA process, they just make the accommodations themselves. That’s a scenario for trouble down the line.

A newly elected official may want to terminate those employees politically tied to his predecessor—and he often may ask HR how to handle the firings. Because such cases can be close calls, always refer the matter to experienced legal counsel.

President Obama has issued four executive orders that fundamentally change the government’s policy on federal contracting—in ways that dramatically favor organized labor. Obama signed the four new orders less than 30 days after taking office.

A Clemmons Burger King is the latest fish caught in the EEOC’s teen sexual harassment net. Burger King will pay $85,000 to a teenage employee who was subject to unwanted touching, sexual advances and requests for sexual favors from the store’s general manager.

Seeking radical change in your organization? Be revolutionary. While managers believe in distributing information, rebels realize that emotions of pride and anger can move a group of people forward.

It won’t surprise you that most companies plan to spend less on training this year. Rather than lament the fact that there’s less money in the budget for traditional training, consider this: Less-formal training might be more effective than formal training, and it still allows you to develop your career.

A new EEOC document spells out the best practices employers should follow to avoid discriminating against workers who care for ill family members, an issue that's especially critical in a down economy. Follow our links to download your copy of this important EEOC guidance.

The decision to outsource HR functions often means a lot of hard work. Hiring a consultant to sort through outsourcing options—whether for payroll, benefits administration or any of dozens of other functions—can save time and money. But you must choose the right consultant.

Employees do the darnedest things, and HR and managers frequently wind up trying to undo the damage. Our newest webinar — Today's Most Bizarre Recent Workplace Cases: How to Prevent Outrageous Workplace Behavior (May 28) — tells tales of outrageous employee behavior ... and the lawsuit against the employer that followed. Here’s our take on the topic, with cases pulled from the pages of our HR Specialist newsletters.

The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?

It’s becoming a common problem: An employer discovers disparaging comments on an employee’s Facebook, MySpace or personal blog. Maybe a post reveals internal company information. Can the employer take disciplinary action? It depends.

You probably know how to make a case for a raise: by touting the tangible ways in which you’ve added value to the company. But once you’ve asked your boss, he or she will probably respond in one of three ways. Here’s how to handle each possible response and move the conversation toward your ultimate goal: getting a raise.

Thanks to Google’s policy of allowing employees time each week to work on pet projects, the company is forever unleashing new tools to improve your googleability. These four new tools could make you more fluent, more efficient and better-informed.

It’s a myth that good work makes a good career—rather, good office politics makes a good career, says career columnist Penelope Trunk. Here’s how to use office politics in building your career:

Even as we watch the stock market slowly recover, organizations are still laying off employees and searching for ways to cut overhead. If your organization is eliminating even one job, plan it carefully. A hasty layoff can create legal problems that cost more down the road than keeping the employee would have. Here are 10 things to consider:

With the economy slowing down, now is the best time to fine-tune your LinkedIn or Facebook profile, fleshing out the blank spaces and figuring out how to take advantage of those social networking sites. Here are a few tips.

Recently, workplace expert Tory Johnson was interviewed about how women can succeed in a challenging job market (smartblogs.com/workforce). She talked about what she believes is the biggest challenge for female managers, but the advice could easily apply to anyone. Here’s what she said:

Employees who are having work troubles sometimes think they can prevent being fired by asking for FMLA leave. Their ace in the hole if they are fired: They can always sue for retaliation under the FMLA. That only works if those responsible for the termination decision actually know that the employee has asked for FMLA leave ...

When Benjamin Franklin began to put together a public library in Philadelphia, he needed the help of many friends. Instead of claiming the idea, he presented it as a collaborative effort, expediting the process. Franklin emphasized this simple strategy for leadership: Don’t worry about who gets credit.

Clear the deck, scrub it down and start over? Remove everything and put back only what you need? In your dreams! If "cluttered desk," "cluttered mind" is your motto and purging your work station of clutter is only a dream, approach it one problem at a time. Use these seven steps to "declutter" ...

Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown.

Dick Fuld saved Lehman in the late 1990s, following the collapse of Long-Term Capital Management. Ten years later, he probably thought he’d do it again. What causes a good leader to make bad decisions?

Getting ready to create a website, business card or brochure? Think twice before you “save money” by using a template — it could end up costing you $100,000.

With more talent chasing fewer jobs, especially in the financial sector, it can’t hurt to freshen up your résumé and look around. For starters, brace yourself: MBAs, to give one example, are flooding the market. Recruiters receive 50 to 60 résumés per opening where they used to get 10 to 20, so concentrate on showing how you contributed to the bottom line.

In his latest New Yorker article, “How David Beats Goliath,”  Malcolm Gladwell tells stories of how outmatched underdogs beat their much larger, more experienced competitors. He begins with the story of an inexperienced 12 year old girls basketball team that went all the way to the national championship game by running a relentless full court press every game.  He moves onto the story of David slaying Goliath and cites some fascinating research by Harvard political scientist Ivan Arreguin-Toft who studied every war fought in the last 200 years that pitted strong and weak opponents against each other.  On the whole, the underdogs won 28% of the time. When they recognized their weaknesses and adapted their strategies to compensate for them they won 64% of the time.

Pretty stunning, huh?  Gladwell’s article got me thinking about what leaders need to learn from underdogs.  Over the past seven months, as the Federal government has taken a much more active role in stimulating the economy, reviving the financial services sector and restructuring the auto industry, we’ve been regularly reminded of Richard Nixon’s observation in 1971 (and Milton Friedman’s before that) that, “We are all Keynesians now.”  As we move through the downturn and into recovery, perhaps leaders need to adopt the mindset of, “We are all underdogs now.”  With that in mind, here are three success rules of underdogs that can help leaders facing long odds.

Q. We have an exempt administrative employee who is on intermittent FMLA leave. She’s unable to work on Fridays for two or three hours due to a serious health condition. By policy, she must use any accrued sick leave when she is out sick, typically in whole-day increments. Can we charge her sick time in hourly intervals because she is utilizing FMLA intermittent leave even if we charge her in larger blocks when she is just plain sick?

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance ...

Q. I am the HR manager of a company with about 350 employees. I have just learned that the company is eliminating one product line and, as a result, there will be a layoff in that department. One of the employees who would be laid off is on FMLA leave. How do I handle this situation? ...

Admin Brooke Wiseman knew that administrative professionals in her company weren’t being used in the most productive ways. For example, some shared the same title but had wide variations in duties. Her goal was to bring more value to the company by turbocharging the partnerships between executives and their assistants. Here’s how she did it.

Many job descriptions conclude with the catchall requirement that employees must perform “other duties as required.” But are some of your supervisors expanding that definition to ridiculous extremes? Such nonwork-related duties are certain to annoy employees, which will hurt retention. At worst, they could create safety hazards and legal claims. Encourage supervisors to keep employees strictly focused on business-related work that furthers the company’s—not the boss’s—goals.

The last time Chrysler found itself in deep peril, in the mid-1980s, Lee Iacocca hired turnaround artist Steve Miller to jump-start the company. Miller recounts meeting a Japanese-American, Reiko McKendry, who wanted to help defuse anti-Japanese sentiment in America and make Chrysler competitive again ...

Turning your back on difficult employees isn't just a management mistake, it can also create legal trouble. That's why, when confronted with employees who don't do what's asked, it's best to devise a strategy for making the best of a potentially explosive situation. Although it may be hard to transform a difficult employee into a warm, friendly ally, you can take the following steps to make it easier for the employee to comply.

It’s not enough if you pay your income tax to Uncle Sam, it’s also a question of when the tax is paid. You could be assessed an “estimated tax” interest charge penalty if you don’t fork over the required tax in a timely fashion. Fortunately, you can avoid any penalties if you qualify under one of three safe-harbor methods. The new economic stimulus law eases one of these safe harbors for qualified small business owners.

New FMLA regulations went into effect in January. Now is an excellent time to offer everyone in management a refresher course in what the FMLA requires. If managers remain ignorant of the new rules—or the old ones still in place—you increase the risk that an employee will charge them with willful violations.

Even the feds can’t keep overtime law straight. An arbitrator has ruled that the EEOC—of all agencies!—willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. Need more proof that there's an irony epidemic these days? Increasing numbers of lawsuits are being filed against ... lawyers!

Crack open those books. Starting in 2011, the HR Certification Institute will tighten the eligibility requirements to earn the most popular HR certifications: the PHR, SPHR and GPHR.

Bonuses have gotten a bad name lately. But the howls of outrage that followed news of AIG execs' huge retention bonuses shouldn't sound the death knell of pay for performance. Here are 10 tips for making your bonus system work in today's economy.

If you die with most of your retirement funds intact, your family could get walloped by estate tax on top of a hefty income tax bill for required plan distributions. Strategy: Use retirement plan funds to buy life insurance. When you die, the life insurance benefits are tax-free to the beneficiaries. They can use the cash to pay off their tax bills and pocket the rest.

One of the basics in the senior leader’s communications repertoire is the town hall meeting.  Sometimes (oftentimes?), these meetings can really run off the rails.  When they do, it’s usually because the leader comes in without the answers that people care most about.  Another classic mistake is to come in with the desired information but to deliver it in a way that shows no connection whatsoever with the people in the audience.

Fortunately for all of us, there aren’t many town hall meetings on the subject of what leaders are doing  to prevent a global pandemic of influenza.  But, that’s exactly what three senior leaders took on in front of the White House press corps that Sunday afternoon.  To share what the government is doing to deal with the rapidly developing outbreak of a new strain of swine flu, homeland security advisor John Brennan, acting director of the Centers for Disease Control Richard Besser and Homeland Security secretary Janet Napolitano took to the airwaves.  By chance, I watched it on CNN as it happened and I have to say it was a best practice example of how to conduct a town hall meeting.  (If you missed the briefing, you can watch it here. If you want more information on swine flu and how to stay healthy, visit the CDC website here. In about 20 minutes, these government leaders showed how it should be done when it comes to the what and how of conducting a successful town hall meeting.

Here’s what I saw in their briefing and what leaders can learn from their example.

Shumeet Banerji, chief of the reformulated consulting firm Booz & Co., says, “I don’t believe that leadership is innate, and neither does the firm,” he says. “We believe it can be learned."

Odds are your desk is a hub of organization. If that’s the case, you’re in the ideal position to create more value for your company by coaching others on ROO, or Return on Organization. Your task: Identify a few valuable tips, then share your expertise with others by offering a Lunch ‘n’ Learn on the topic, writing an article in the company newsletter or posting tips through e-mail.

There’s leadership magic in a company that turns kitchen helpers into millionaires. The evidence is in Everything I Know About Business I Learned at McDonald’s, a compendium of simple wisdom by Paul Facella, who started working at Mickey D’s as a teenager and retired as a regional vice president.

Anytime you thrust people together, whether work related or family related, you come across a “toxic taker.” Toxic takers poison your environment, and you need to take action against them. Here are some survival tactics.

Whether you're dining with peers at a convention or meeting with a vendor, lunch etiquette can keep you from marring your image with a faux pas. Here are five etiquette rules for business meals ...

Your business has crunched the numbers, considered the alternatives and come to the conclusion that layoffs are necessary if the business is to remain afloat during these challenging economic times. But how much thought have you given to your remaining employees who are about to watch their friends and colleagues lose their jobs?

In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.

If your organization sells products or services on credit, take note: August 1, 2009, is the deadline to comply with the “red flag” rules, which require creditors to implement a written program for “detection, prevention and mitigation” of identity theft of consumers’ data. (The FTC recently delayed the deadline from May 1, 2009.)

If Angie Fuller hadn’t discovered the Standard Operating Procedure manual her predecessor left, she wouldn’t have known how to do her job. Once she’d settled into her new position, she began updating the SOP manual to accurately reflect her evolving role. Follow Fuller’s tips to create an SOP manual for your role.

Last week, I had the honor of keynoting the annual Executive Fire Officer Program graduate symposium sponsored by the U.S. Fire Administration.  One of the things I sometimes do is ask members of my audience what they think about an important question and then share their answers with you.

If you find yourself muddled in crisis, shake off the shock, orient yourself and start looking for solutions—fast. Here's how:

If your organization sells products or services on credit, take note: August 1, 2009, is the deadline to comply with the identity theft requirements in the Fair and Accurate Credit Transactions Act. (Note: These rules were set to take effect on May 1, but the FTC pushed them back by three months.)

IT firm Stanley Associates has its own, round-the-clock web-based training university for employees. Stanley University offers employees more than 3,500 courses in technology, business skills, time management, writing and other skills.

Before firing any employee who has filed a harassment complaint, make sure your reasons are solid—and extremely well documented. That means checking to make sure supervisors followed company rules. Ensure that other employees with similar records were also fired. And be sure all documentation you are relying on was clearly created before the discrimination complaint.

According to a forecast by the U.S. Conference of Mayors, the Miami area will suffer some of the largest job losses in the nation in 2009. Miami is expected to lose about 85,000 jobs this year. The city’s unemployment rate may exceed 10%.

Minneapolis-based Target, the nation’s second largest discount retailer, has announced it will cut 1,000 jobs in Minneapolis alone. Those cuts include 400 open but unfilled positions, in addition to 600 layoffs.

Employees who suspect their employers are trying to get them to leave voluntarily instead of firing them outright sometimes do quit. Then they turn around and sue under the theory of “constructive discharge.” Essentially, they argue their employer made their lives so miserable they had no choice but to resign. Fortunately for employers, courts are fairly strict in how they view constructive discharges.

Former employees and their lawyers are always looking for ways to maximize what they can get from former employers. One way is to add a wrongful discharge claim if an employee is fired after he or she complains about workplace safety. These cases can get quite expensive, as the following case shows.

Sleeping on the job isn’t productive, and most employers have rules against it. In some environments, falling asleep on duty is downright dangerous and can result in large fines.

When planning a reduction in force, it’s natural to decide who should stay and who should go by ranking employees based on the skills you’ll need after downsizing. Before managers start ranking employees, make sure they understand not to use temporary medical problems and their consequences as a reason for deciding to terminate an employee.

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.

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. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Employers that ignore their employees’ sexual harassment pleas—beware. Not only may you be liable under Title VII, but you may be liable under state law, too. And that can mean huge damage awards far beyond federal caps.

Employees who are promised they can take “FMLA leave” may have a claim against an employer even if it turns out the company isn’t required to comply with the FMLA because it has fewer than 50 employees. Employees can argue that the employer misled them, and that the company should therefore be required to comply with the FMLA.

The 250 Republic Windows and Doors workers who staged a sit-in at the Chicago plant last December will be called back to work over the next few months as part of a bankruptcy proceeding. The workers started the sit-in after Republic owner Rich Gillman closed the unionized plant and opened a nonunion plant in Iowa days later.

Who doesn’t hate performance reviews? They destroy morale and teamwork, says Samuel Culbert, a management professor at UCLA, and they hurt the bottom line. The alternative: Instead of a one-side-accountable, top-down review, consider a both-sides-accountable performance preview.

Whatever you do, don’t cancel a meeting because of a tightened budget. Employees and customers need to see the leadership team standing in front of them, sending a “we’re in this together” message.

Major problems can erupt when supervisors have to manage people they just don't get along with. Smart managers defuse that tension by focusing on tasks, projects and results—not personalities. Feel free to use this 'Memo to Managers' article to educate your supervisors. Paste the content into an e-mail, company newsletter or other communication.

Issue: Poorly written layoff letters can open your organization to legal action. No matter how you write layoff letters, they are bound to anger employees, especially if the employees don’t see it coming. Don’t give irate employees legal ammunition by writing misleading, inaccurate or insensitive layoff letters. Action: Create notices that explain the layoff in the most straightforward, respectful manner possible. To avoid legal action, think of layoff letters as informal legal documents that include the following:

While cleaning out his attic, a British business leader stumbled upon some notes on leadership from the ’50s. The notes were handed out at Eaton Hall near Chester, England, during his military officer training. Dated in tone but clear, concise and purposeful, the notes transcend their original military context.

The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”

If you’re one of the 11 million account holders who have more than $120 billion invested in tax-free Sec. 529 plans for a child’s or grandchild’s college education, we’ve got good news about investment options. A new IRS ruling allows you to change your investment mix up to two times during the 2009 calendar year.

Q. In your article on the new stimulus law, you said that the Making Work Pay credit phases out beginning at an AGI of $150,000. Doesn’t it depend on modified AGI?

Enough doom and gloom already! Here’s a feel-good story! Sure, the AIG bonus debacle has soured the financial world on retention bonuses, but one company is still offering stick-around cash. To be precise, Wells Fargo is paying a bonus to keep one particular employee.

More pink slips are on the horizon. According to outplacement firm Challenger Gray & Christmas, 1 million more job cuts are likely in 2009. But, there's a silver lining among all the dark clouds of this recession, says the firm's chief executive, John Challenger, and it's this: Layoffs can be good news, in a strange way.

Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.

It’s a popular idea that teams work better than individuals, but sometimes leaders must intervene ...

Employees who return from FMLA-covered maternity leave are supposed to come back to the same or a substantially equivalent position. Don’t make the mistake of offering a position that has the same title and pay, but which involves very different duties. That’s especially true if those duties are more onerous for a new mother.

Just the facts, ma'm. Your employee handbooks should clearly state your organization's rules and benefits without including any excess or superfluous language. If you embellish the document with needless explanations, you may end up eating your words ...

The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.

Help your company maximize its business deductions by keeping comprehensive records of travel, entertainment and gift expenses. Keep your records organized in a diary or a statement of expenditures, supported by documentary evidence. Documentary evidence ordinarily is considered adequate if it discloses the amount, date, place and essential character of the expense.

You return from a conference brimming with new knowledge. But when it comes to applying what you’ve learned, you fall flat. Why is it easier to learn new things than to apply them? Anxiety and old habits get in the way, says Dr. Harry Martin. The solution: Put more focus on what happens after training.

Because the impact of domestic violence reaches deeply into a company’s culture, employers should reassess policies and make domestic violence an HR priority. Four sensible practices can help you help employees prevent domestic violence and lessen its impact.

You never appreciate a good performer until you’ve fired a bad performer. That’s because bad performers take so much time and attention to manage. From the moment you sense that an employee isn’t working out—and you set in motion disciplinary steps—you have to imagine a judge and jury watching your every move. That way, you can stand behind your actions without feeling embarrassed or guilty.

Two companies headquartered in North Carolina have made Fortune magazine’s 2009 “100 Best Companies to Work For” list. The two, both headquartered in Cary, are engineering firm Kimley-Horn & Associates and software giant SAS.

With so many things in play, it’s easy to lose track of all the major issues the Obama White House is dealing with. Today the focus is on the global economy and the G20 meeting. A few days earlier it was on establishing a new approach for taking on Al Qaeda in Afghanistan and Pakistan (Afpak). From the standpoint of media coverage and public attention, a quiet, but key, architect of the new Afpak policy has been Defense Secretary Robert Gates.

As the New York Times reported yesterday, Gates has now worked for eight U.S. presidents including Obama’s immediate predecessor, George W. Bush. Since leaders often have to work with a new boss (is there anyone at GM reading this?), I thought it would be interesting to see what tips can be gleaned from Gates on how to establish yourself quickly with a new boss while making a significant difference in a short amount of time.

As Administrative Professionals Week (April 19-25) approached, we couldn’t help but wonder what crazy things bosses have asked admins to do. So we asked readers of our Admin Pro Forum to tell us about the most unusual or bizarre thing their boss ever asked them to do. For starters: "Open his sandwich every day to make sure no tomatoes were on it."

An alarming 15% of recently polled employees said the recession has made them less motivated than before. If your employees are so worried about their jobs and personal finances that they’re just going through the motions, it's up to managers to turn them around. Here are 20 proven tips to do just that.

Mounting layoffs are creating a glut of qualified and aggressive job hunters who are desperate for work. As their frustration grows, more applicants are reading deeper into their rejection letters—sometimes spotting job promises or hints of discrimination that you never intended.

There’s never been a better time to implement a violence prevention plan. Tough economic times sometimes cause people to snap—and they might do so at work. You need a prevention program that starts with employee screening and ends with publicizing your tough anti-violence policy.

The American Recovery and Reinvestment Act of 2009 contains several tax breaks for energy improvements. Among other modifications, the new law raises the nonbusiness energy credit for improvements to a residence from 10% to 30% and increases the maximum dollar cap to $1,500 (eliminating the $500 lifetime cap).

Major policy issues being debated in Washington will likely change the face of HR this year, according to speakers at the SHRM's 2009 Employment Law and Legislative Conference. As a new Democratic Congress gains legislative traction and the Obama administration begins making policy, those issues could also be key to reversing the fiscal meltdown.

Do you aspire to work in the C-suite? You can safely assume that top executives will require a prized package of office skills. But most high-level execs say they also want assistants who have the “X Factor.” Love it or hate it, high-ranking executives want employees who can read minds, anticipate needs and supply that indescribable “something” that propels an executive toward success.

The global economic crisis that has forced U.S. employers to slash their salary budgets has not spared HR salaries. A new report says HR pros' base pay and incentive compensation grew more slowly last year. Compensation isn’t expected to rebound in 2009, either. Find out where you stand.

What’s the best way to help a co-worker who has cancer? Here's advice from Kris Hart, a 43-year-old vice president of global brand management at Harrah’s Entertainment and a breast cancer survivor.

Q. I was interested in your article on Roth IRA conversions. Do I have to convert all the funds in my IRA?

The highly publicized “bailout law” passed last year—the Emergency Economic Stabilization Act of  2008—extended a number of tax breaks that had officially gone off the books. But other tax changes in the new law have flown under the radar. Alert: Be aware of new modifications in the rules for casualty and theft losses.

Capt. Chesley Sullenberger made his leadership clear when he landed a plane intact on the Hudson River in January, saving 155 lives. While “the miracle on the Hudson” did seem miraculous, it was mainly the result of preparation and a cool head. Lesson: Stretch as far as you can to prepare to lead when disaster strikes.

If you want to pursue an HR master’s degree but the nearest accredited program is too far away, consider earning your degree online. The quality of such programs has improved dramatically in recent years. Also, online programs allow you to earn the degree from anywhere at your own pace ...

The new economic stimulus law provides special relief for some small business owners. It allows you to carry back net operating losses (NOLs) for up to five years instead of just two. This tax break applies to NOLs in tax years beginning or ending in 2008. File the necessary form now to recover taxes paid for prior years when your business was more prosperous.

Don’t waste your time and money offering benefits no one cares about. Review all your coverages. Conduct eligibility audits. Those are just some of the tips comp and benefits expert Gary Kushner has for HR pros eager to maximize the value and reduce the costs of the benefits they provide.

The IRS and the U.S. Department of Labor have just published guidance to help employers claim the credit for the new 65% COBRA subsidy and create the mandatory new COBRA notices. Look here for links to the documents and information you need to comply.

Q. What kinds of information and documents should we keep in our personnel files?

A. You should include pretty much all documentation concerning an employee’s history with the company—attendance, pay history, job history, discipline and evaluations—except medical documentation and, perhaps, protected activity information concerning matters such as discrimination and harassment complaints.

One "difficult" person is ruining your meetings with his or her bad behavior. What do you do? Those who pontificate or bully put a strain on the group and can sabotage productivity.

If your organization is in good fiscal shape in these tough times, top brass may be looking to snap up the assets of failed companies at bargain prices. Remind management that it may end up picking up liabilities such as unemployment insurance claims if it doesn’t structure the deal correctly.

Margaret Tarulli, a special officer for New York City’s Human Resources Administration, has filed a sexual assault and harassment lawsuit against her former supervisor.

A Bronx jury has ordered Bernard Spitzer, father of former Gov. Eliot Spitzer, to pay more than $1.3 million to four former employees to settle racial discrimination charges.

Having similar-sounding titles and rates of pay  doesn’t necessarily make positions interchangeable. That’s what one employee who was turned down for a promotion in her division learned when she sued for alleged race discrimination.

There’s a widespread understanding of the grave impact domestic violence has on personal lives and the havoc it wreaks on families and communities. Now more attention is being paid to its effect at work. Sometimes, incidents of domestic violence actually happen in the workplace. But the impact goes far beyond immediate safety concerns.

Here’s a trap you may fall into accidentally: If you have multiple locations, each operating independently, watch out for wage-and-hour violations involving employees who work at more than one location. Here’s why.

Genuine whistle-blowers are protected against retaliation under the Minnesota Whistleblower Act even if the retaliation occurs years later. Caution management to avoid any action that smacks of punishing an employee for instigating or cooperating with a criminal investigation of alleged company wrongdoing.

Here’s how to end a co-worker sexual harassment case when your organization decides not to discharge the alleged harasser.

Most minor grievances never add up to a discrimination lawsuit. That’s why you shouldn’t lose too much sleep over employees who whine about every little problem. Employees—even those belonging to a protected class—must be able to tolerate minor annoyances. Judges don’t like having to referee workplace pettiness.

Nearly 1,000 vendors are in the employment background screening industry now, making it difficult to sort out the top tier from the fly-by-night firms. Many sell cheap but incomplete background checks in minutes. Too often, they simply restate old information bought from private data brokers. Good news: Now you have a new yardstick on which to gauge their quality before you conduct a job background check.

Dealing with underachievers requires using your judgment and some knowledge of human psychology. Here are some ways to get your underachieving employees moving in the right direction.

Your employee handbook can be a helpful reference providing needed information, or it can turn into a weapon that employees and their attorneys can use against you in court. The choice is yours. Follow these four steps to make sure your handbook works for you, not against you.

What’s a manager to do when faced with conflicting accounts of an argument between employees? An important part of that answer is to resolve the conflict quickly, before it spreads like a cancer through your organization ...

A comprehensive document management system can help your business boost productivity, improve the bottom line and stay out of legal trouble. Here are three ways to organize files for easy retrieval, establish a record retention schedule and tame your wild email inbox.

You are in charge of a committee at work that no one seems to care about. Meeting attendance is lackluster, and those who do come rarely speak up. How can you make people feel more engaged? Try these 11 easy-to-implement strategies.

Two production companies for Will Ferrell’s movie Stranger than Fiction will pay a rejected job applicant who was pregnant $75,000 to compensate her for discrimination.

Boosting your benefits communication during troubled economic times can help your organization retain good employees and ease their worries so they can focus on work. The key: Show employees the value of their benefits.

Work is ever more collaborative, and the need for daily efficiency stronger than ever. So who has time for boring, unproductive meetings? No one. Keep meetings focused by heeding these don’ts.

The $789 billion American Recovery and Reinvestment Act of 2009 (ARRA) signed on Feb. 17 by President Obama includes a handful of key HR-related provisions, including: COBRA subsidies, a Making Work Pay Credit and unemployment compensation.

As if computer solitaire wasn't enough of a distraction for daydreaming office workers, March Madness is about to make working hard even harder. But that's not all bad, according to one expert: The morale boost may make the NCAA tournament a good bet for employers. Here are some of the rules of the game for HR.

Yale psychologists, back in 1990, found that the ability to think dispassionately about your own passions is linked with success. This finding opened up a whole new field: emotional intelligence.

What makes the Internet useful is also what makes it so undeniably distracting: There’s no end to what you can find online. Luckily, a few browser add-ons that work with Firefox can help make web surfers more productive (all available at addons.mozilla.org).

Congratulations—you’ve been promoted! After years of proving your technical ability, you’re now thrust into the position of management.

The current economic meltdown underscores this reality: We’re never too far from a crisis. Before a crisis causes things to blow up, train your office for first response.

Is your employee handbook clear on exactly what constitutes maternity leave and how long it lasts? If you plan to permit just the 12 weeks allowed for pregnancy and childbirth under the FMLA, spell that out. Don’t refer to maternity leave separately and then provide a different week or month count ...