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acolemacx Human Resources, Negotiations, Uncategorized

5 Considerations for Effective Workplace Investigations

We recently completed a successful training on effective and legal workplace investigations.  During the recording of our next podcast for Upstate HR, we also discussed workplace investigations and the importance of proactive investigatory processes.  Throughout my career, many of my experiences have provided valuable insight into the importance of effective and efficient workplace investigations.  As leaders, we need to take complaints and investigations seriously, as these issues can escalate into additional problems in the workplace, on social media,  and create stress outside of work.

Below are 5 considerations for effective workplace investigations:

  1. Don’t ignore the issue/complaint. If any employee approaches the organization with a complaint or allegation, we need to take this seriously.  Ignoring or hoping the issue goes away or resolves itself is not the right approach; we need to address the underlying issues.  Ask questions and ensure you understand the details of the issues/allegations.
  2. Never assume: Remember, there are two-sides to every story.  Do not assume that one party is guilty, because we only hear one-side of the story.  In most cases, fact-finding means understanding the entire allegation/situation before making a decision.
  3. Prepare, Prepare, Prepare: Preparing for the investigation interviews and fact-finding is challenging.  What questions do we ask?  What information do we need?  Who should we talk too?  The answer to this is that it depends on the situation.  Creating a template or checklist to ensure consistency and accuracy will help in working through the process efficiently and proactively.  Ask leading questions that force individuals to answer questions with more information, versus “yes” or “no” answers.  The more prepared you are, the more efficient the process will become.  Investigations are not easy and questions that are asked will not always be enjoyable for people to answer.  I have asked many of these questions throughout my career.  Be prepared, and know laws, policies, procedures, contract language, etc. that may be involved or impacted by the investigation.
  4. Neutrality: This consideration defaults back to consideration #2.  Remain neutral throughout the investigation and recommendation process.  This takes practice and is not easy in small organizations.  If you as a leader feel that neutrality is not practical internally, it is not always a bad idea to bring in a third-party to conduct the investigation and draft a finding of facts.  Using a third party all but ensures neutrality throughout the process.
  5. Closure/Conclusion/Recommendation: Throughout my career, I have seen this final step as the biggest hurdle for many organizations.  The investigation is conducted, information is gathered and then nothing happens.  Regardless of the outcome or recommended outcomes, the investigation needs to be closed.  I’m not suggesting revealing confidential information, but we do need to close the loop of communication with the parties involved.  Without proactive communication, we could see increased employee relations issues, decreased employee morale, and potential retaliation issues.  This is one of the most important pieces of the investigation process.

We closed out the podcast yesterday on a positive note.  Not all workplace investigations are negative or lead to discipline.  Workplace investigations are great for process improvement, addressing safety concerns, Six Sigma change, employee engagement, and efficiency.  Regardless, we need to take the investigation process seriously and manage it proactively, by reinforcing rules and policies throughout.  If you are unclear on how to investigate, ask for assistance or hire a third-party neutral to manage the process for the organization.

– Matthew Burr, HR Consultant

 

Below are the for upcoming training’s I will be conducting at Elmira College, Corning Community College (CCC), 247 Compliance and Compliance Online (July & August):

Elmira College: SHRM Certification Exam Prep Course- September through November

Upcoming Corning Community College Training’s

247 Compliance: Performance of Dashboard Using KPIs and Designing

 

Below is a link to our new Podcast Upstate HR:

Recruitment in the Modern Age

iTunes subscription will update you whenever we post a new podcast.

New podcast recently updated.

 

 

 

 

 

 

acolemacx Human Resources, Uncategorized

13 Common Job Application Mistakes Made by Employers

The Society of Human Resources Management recently published an article, “Top 10 Mistakes Employers Make in Job Applications.”  I decided to add three more to the list, based on my experience.  Most employers nationwide, are still using a job application, handwritten or during the online application process.  As leaders, we need to be aware of the potential issues of not updating employment applications or using a generic employment application.  As laws continue to evolve, so too should our employment application processes.       

Below are the 13 common job application mistakes:

  1. “Including any disability-related or medical questions
  2. Not including an at-will disclaimer
  3. Not including a nondiscrimination statement
  4. Requesting graduation dates in the education section
  5. Asking about arrests and convictions, without appropriate disclaimers
  6. Putting a background check acknowledgement on the employment application (I see this too often)
  7. Not including language telling applicants how to request a reasonable accommodation
  8. Asking for a photograph
  9. Asking about marital or familial status
  10. Asking about citizenship”[i]
  11. Not including a signature section to verify that the applicant is acknowledging the information is true and accurate. Remember a resume or CV is not the same thing as an employment application.
  12. Including a section for a social security number, on either the paper application or by not allowing a person to continue through the applicant tracking system. Do we really need a social security number?  “An employment application should request only information directly related to an applicant’s ability to perform a specific job… general practice, employers should request SSN information only when absolutely necessary.”[ii]  If you do not need it, don’t ask for it.
  13. Using generic employment applications. “Well I found this on the internet, it should be okay.” Ensure that someone reviews the application or helps you develop a new one prior to using it during the hiring process.  Just because it is found on the internet does not make it legal and valid.

Employment applications are an important piece to the recruitment and retention process for all organizations.  Asking irrelevant questions on the application can be a potential liability.  As the laws continue to evolve, we need to ensure our employment application, both paper and electronic are legally compliant and efficient for job applicants.  If you have questions about your application, ask for assistance.  Do not assume that the first Google search will provide a legal job application.  Remember laws vary; federally, state-wide and city specific.  These laws will impact what can and cannot be asked on the employment application.

 

– Matthew Burr, HR Consultant

“Short Name, Proven Results”

 

[i] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/top-10-mistakes-employers-make-job-applications.aspx

 

[ii] https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/socialsecuritynumber.aspx

 

acolemacx Human Resources, Regulations, Uncategorized

3 Updates to the New York Paid Family Leave Law

As we move closer to 2018, the regulations on the New York State Paid Family Leave Law will continue to be communicated from the state.  On June 1, 2017, the state released the maximum employee contributions.  This will be the average deduction that will be taken out of the employee’s paycheck.

Below are the 3 updates:

  1. Clarification on the payroll deductions and employer portions. This clarification is not new.  However, I have been asked about the employer portion many times.  The paid family leave “is intended to be funded entirely through employee payroll deductions and employers are not required to fund any portion of this benefit.”[i]
  2. The maximum employee contribution was set at 0.126% on June 1, 2017, of an employee’s weekly wage, up to and not to exceed 0.126% of the NY statewide average weekly wage. The current statewide wage is $1,305.92.  “So, for example, if an employee’s weekly wage amounts to $1,000.00, the maximum payroll deduction for PFL would be $1.26 for that week.”[ii]  If any employee makes more than $1,305.92, the weekly amount will be capped at $1.65.  Multiply the 0.126% by the wage to calculate the deduction.
  3. The statewide average weekly wage is calculated annually on March 31st and will be based on the previous calendar year’s average weekly wage. As wages increase across the state, so will the paid family leave contribution deductions, out of the employee’s paycheck.        

As new information is released, I will send a breakdown of the regulations.  Now is the time to begin reviewing, drafting, updating and revising policies and procedures related to FMLA and Paid Family Leave.  January 1, 2018 is only six short months away.  If you are confused, ask questions and do not assume.  This law is very complex, it continues to change as new regulations are slowly released.

New York State Paid Family Leave Website

Premium Rate for Family Leave Maximum Employee Benefit Contribution Website

 

Reminder of Previous Information: 

[iii]

 

Want to learn more? Check out the upcoming trainings I will be conducting at Elmira College, Corning Community College (CCC), 24/7 Compliance and Compliance Online  in July & August:

Elmira College: SHRM Certification Exam Prep Course- September through November

Upcoming Corning Community College Training’s

247 Compliance: Performance of Dashboard Using KPIs and Designing

 

 

– Matthew Burr, HR Consultant

 

[i] https://www.bsk.com/media-center/3723-labor-employment-new-york-sets-maximum-employee-contribution-paid-family

 

[ii] https://www.bsk.com/media-center/3723-labor-employment-new-york-sets-maximum-employee-contribution-paid-family

 

[iii] Guardian PPT Training Slides

acolemacx Human Resources, Uncategorized

5 Proposed Regulations to the New York Paid Family Leave Law

The New York State Worker’s Compensation Board issued five proposed regulations on May 24, 2017, for organizations to incorporate, when implementing the New York Paid Family Leave requirements on January 1, 2018.  The initial regulations were published on February 22, 2017 and included a comment period.  The new regulations released on May 24, 2017 will have a 30-day comment period.

Below are 5 proposed regulation changes:

  1. An employee using intermittent leave must give the employer separate notice each day of use of the Paid Family Leave. Previous language stated that employees only needed to provide notice once to employers when using intermittent leave, which was inconsistent with the FMLA rules.

 

  1. Collective bargaining language must provide benefits as favorable as the Paid Family Leave law, including the length of leave and amount of pay. This section is still evolving and negotiated language can include the union responsibility for time records and pay deductions.  This has not been finalized and more changes will come to this section.

 

  1. Paid Family Leave language has been clarified that the eligibility of employees working 20-hours or more per week is measured based on the number of weeks in employment, which must be at least 26-weeks. Employees who work less than 20-hours per week is measured in days, which must be at least 175 working days.      

 

  1. The Worker’s Compensation Board clarified the July 1, 2017 deductions language. The employer can start taking payroll deductions on July 1, 2017, but cannot take deductions more than the maximum weekly contribution to retroactively cover the cost of providing Paid Family Leave.  The reason for early deductions is to offset the cost of acquiring the mandated insurance policy.

 

  1. The Worker’s Compensation Board issued additional guidance on accrued leave running concurrently with Paid Family Leave. The complexity of this language and requirements is related to accrued leave is still being drafted.  Further clarification is needed from the Board on the concurrent and accrued requirements, which include; FMLA, worker’s comp, and disability.  More updates to come on this proposed language.

Now is the time to begin reviewing, drafting, updating and revising policies and procedures related to FMLA and Paid Family Leave.  January 1, 2018 is only six short months away.  Continue to monitor for updates and changes to the proposed language.  If you are confused, ask questions and do not assume.  This law is very complex, it continues to change as concerns arise and the implementation will impact most organizations throughout New York State.

 

New York State Paid Family Leave Website

 

Additional Information:

[i]

 

Employers Providing Pawternity Leave to Employee’s (End on a Positive)

  

 

– Matthew Burr, HR Consultant

[i] Guardian PPT Training Slides

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Human Resources, Training & Development, Uncategorized

4 Updates on The Strengthening Career and Technical Education for the 21st Century Act

Progress is being made.  On May 17, 2017, the House Education and the Workforce Committee voted unanimously to move The Strengthening Career and Technical Education for the 21st Century Act forward.  This new act “would provide federal funds to increase access to career and technical education (CTE) and, in particular, to extend such access to more students from disadvantaged communities.”[i]  As businesses needs have evolved, so too must the skills of our employees.  Skilled workers are needed in many industries throughout the country; manufacturing, construction, carpentry, healthcare, computer programming, engineering, auto mechanics, transportation, HVAC, plumbing, electric and welding.  The bill is designed for U.S. workers compete in a global economy.

Below are 4 updates on expectations and path-forward:

  1. Employers need to be involved in the training and education processes for current or prospective workers. “Organizations must ensure that state and local governments know what their skill needs are so that officials can create programs under this legislation.”[ii]  Do not be afraid to provide feedback on both the positives and negatives of a program.

 

  1. State and local governments would be responsible for crafting and designing programs that best fit the needs of employers in the local communities. Upon approval and implementation, state and federal governments would also have to submit results of the effectiveness of the CTE trainings to federal agencies. 

 

  1. In 2016, a similar bill went to the Senate, but ran out of time when it was delayed by debates over the education secretary’s role in deciding how states can potentially spend money under the 2016 proposed law. The role of the Senate debates or education secretary is yet to be determined on progressing the new bill forward and spending.   

 

  1. The legislation is focused on post-secondary training for trade jobs in the U.S., that do not require a four-year degree. The impact of this bill, if passed will be significant as there is a need throughout the country to have trained and skilled workers in many industries. 

The value of The Strengthening Career and Technical Education for the 21st Century Act, could have great potential for additional training’s in our area.  Remember, this is federal legislation and does not include any training funding from New York State.  The key to any legislation such as this is the effectiveness of the training.  As employer’s we need to offer feedback and input into these programs, while holding state and local government entities accountable.  Developing training takes a tremendous amount of resources, resources that we are paying for.  You get out what you put in.  The employees and/or potential employees do have responsibility in ensuring that the training is effective and successful as well.  We will continue to monitor the act as it progress through the different branches of government for any amendments or updates.    

– Matthew Burr, HR Consultant

 

[i] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/bill-upskill-us-workers-carl-perkins-act.aspx

 

[ii] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/bill-upskill-us-workers-carl-perkins-act.aspx