Sabeza HR Logo

03.20.
Your Employee is Your Customer Too!

By Sarah Zasso, SHRM-SCP, SPHR

 

Imagine this common scenario if you will…

It’s a crazy day at work! A machine is down, an employee called out and you have a project due by the end of the day.  You, Misty Manager, are stressed, frustrated, and nervous you are about to lose a customer, if not your job.  As you are trying to figure out how to finish the project on time, Sally Superstar knocks on our door and says, “Boss, do you have a minute?  I want to talk to you about something.”  You are thinking, “SERIOUSLY?!  She knows what is going on right now, what could possibly be so important?! Nothing! Grrrr.”  So, you respond curtly to Sally by saying, “I don’t have time for you right now, I’ll get with you later.”  Then you forget, and you never follow up.  The next day, Sally asks to speak with you again, and you dismiss her.  You figure if it was that important, she would make you listen and she is a top performer, she can handle whatever the issue is.  A week later, she asks to speak with you again.  You finally have some time, so you ask her, “Sure, what’s up?”  Sally shares with you that she has some concerns about Rita Rude.  You think her concerns are trivial and a waste of time.  You interrupt Sally and reply, “I think you may be overreacting or sensitive, I don’t think it is that big of a deal.  I’m sure she didn’t mean anything by it.  You know how she is.  Just let it blow over.”   Two months later, Sally resigns.  You have lost one of your top performers and you don’t understand why.  Sally mentioned something about a concern not being resolved, but it wasn’t a big deal – right? 

WRONG!  As a Human Resources Consultant, I often work with clients on employee issues and morale.  I have found that one of the easiest and most effective ways to resolve employee concerns and increase morale is to simply treat your employee’s as you would treat your customers.  Whether it is Sally Superstar or Nick Needsyouthisminute or Cindy Complainer, your employees are your internal customers and should be treated as such.  If a customer came to you with a concern, how would you address it?  You would likely listen and address their concern with urgency.

In the scenario above, if Misty Manager treated Sally like a customer, she might not have resigned.  Would you ever talk to a customer that way?  Would you dismiss them repeatedly?  Would you interrupt?  Would you ignore their concerns?  I would hope not.  Misty should have taken a moment to treat Sally like a customer interruption.  To clarify – I am not saying to always drop what you are doing to answer an employee question.  However, you should take the time to hear the concern so that you can prioritize and determine action (harassment allegation vs. scheduling change).  Is this something that must be addressed now or can I schedule a time with Sally to discuss later? And if you schedule later, the key is the follow up.  If you don’t follow up, you have lost credibility with the employee.

Would you like to know a secret?  Employees, like customers, often just want to be heard.  They feel valued and validated when someone takes the time to listen.  When you can resolve the concern, resolve it quickly and follow back up with the employee to let them know the situation is resolved.  Just like you would with a customer.

[It’s okay that sometimes the answer is “no.”  The employee may ask for something that you can’t or will not provide.  Explain the “why” behind the “no”, as well as the “yes.”  Communication and transparency is key to employee relations.  I discovered long ago that not everyone would leave my office happy.  What I realized is that it is important for the employee to understand, but they do not have to necessarily agree.]

At the end of the day – employees want to be heard and valued, just like your customers.  Sometimes, we just need a reminder.

If you want to increase performance and morale – treat your employees like you treat your customers.  It really can be that simple!

This article is for general information purposes only.  I am not an attorney; accordingly, the information presented is not legal advice, and is not to be acted on as such.

Uncategorized



02.16.
IS MY EMPLOYEE DRUNK?!

By: Sarah Zasso, SHRM-SCP, SPHR

February 16, 2017

A client called me last week and stated that they thought an employee was drunk at work.  They said that the employee seemed “out of it” and smelled of alcohol.  My client’s question was, rightfully so, “What do we do?”

Below are some general guidelines regarding how to handle employees who appear to be under the influence (drugs or alcohol) at work.

First and foremost, do not take any action before contacting your Human Resources department.

[Note:  Use your best judgement if there is a safety concern.]

In any case that you believe an employee is under the influence at work (drugs, alcohol, prescribed medication), do not accuse the employee.  Accusations like that can not only get you in potential legal trouble, but create a divide between the company and the employee – especially if you are wrong.

The employee may be on medication (which should be addressed, but not necessarily penalized), may have had a late night and didn’t have a chance to clean up before work, or maybe their mouthwash is just really strong.

The manager’s role is not to diagnose or assume, but identify behavior and take action according to policy.

Policy

Do you have a Drug/Alcohol Workplace policy?  If so, always follow your own policy.  Most polices have a “Reasonable Cause” section which informs the employee that you will require alcohol or drug testing if you believe an employee is working under the influence.

[Note:  If you do not have a written policy, you may (with caution) still proceed with drug testing (with the employee’s consent) and/or hold your employee accountable, but a policy is always recommended for informational, consistency, and legal liability reasons.]

Observation

I recommend to ALWAYS have two individuals (management, not peers) independently observe and document the employee’s behavior.  You should have a Reasonable Suspicion Form available to document the behavior and observations.  According to the Society for Human Resource Management (SHRM), you should look for:

  • Odors (smell of alcohol, body odor, urine)
  • Movements (unsteady, slow, fidgety, dizzy, imbalanced)
  • Eyes (dilated, constricted, glassy, bloodshot)
  • Face (flushed, sweating, confused, blank look)
  • Speech (slurred, slow, distracted mid-thought, inability to verbalize thoughts)
  • Emotions (argumentative, agitated, irritable, drowsy)
  • Actions (yawning, twitching)
  • Inactions (sleeping, unconscious, no reactions to questions)

Assessment

After the employee has been observed, the individuals who observed the behavior should compare notes and assess the situation to determine if they believe there is reasonable cause for testing.  One checkbox on the behaviors/observations listed above does not usually warrant reasonable cause testing.  Although there are no specific guidelines on how to determine if an employee is under the influence – use your experience, knowledge, and best judgement.  I recommend having a standard procedure that states how many behaviors (ex., 4) result in testing.  This ensures consistency when applying the policy.

[Remember, safety first.  For example, if an employee is a bus driver and there are suspicions that they might be under the influence, do not let them drive and put themselves and/or others in danger.]

  • If both agree based on the observation/policy that the employee is under the influence, they may proceed to the reasonable cause drug test (more on that below).
  • If the observers disagree, a third party should observe to help make a determination.
  • If both agree based on the observation that the employee does not appear to be under the influence, do not send them for testing. Rather, monitor the situation.  Depending on what was observed, it may be appropriate to have a conversation with the employee to make sure they are ok to continue their workday.

Do not discuss concerns about the employee’s behavior with the staff (ex., “Hey, have you noticed John Smith acting funny today?  Do you smell alcohol?”), this should be treated confidentially, as long as it is realistic/reasonable to do so.  Discussing with the staff is unprofessional, creates gossip, and could potentially expose the company to legal liability.

Meeting with the Employee/Consent

When meeting with the employee, there should be three people in the room (employee, manager, human resources).  It’s important not to accuse the employee.  I recommend starting the conversation with, “How are you today?” and maybe adding, “You seem a little off today, is everything ok?”  Explain to the employee what has been observed and documented by management, as well as why it is important (safety issues, care about the employee, etc).  The manager should then explain that they want to rule out the possibility that the employee may have violated the Drug/Alcohol Workplace Policy, by sending them for drug/alcohol testing.  The intent of approaching the testing in this manner, is to show that you are not accusing the employee and have not jumped to conclusions.

[Note: if during the initial part of the conversation, the employee shares a legitimate explanation, the employer does not have to send for drug testing.]

If you have the policy in your handbook (consenting to the policy with a signed handbook acknowledgement), you do not need them to sign another consent form, but that is always helpful.  If you do not have a policy, make sure you have the consent form available for the employee’s signature.  The employee should then proceed to complete the drug/alcohol testing.

Refusal

If the employee refuses to submit to the testing, refer to your policy.  Most policies treat refusal as a positive result, which usually results in termination.  If the employee refuses a ride home or a cab, and insists on driving – you should take down the employee’s car and license plate information and notify local authorities to report your concern that someone is driving under the influence.

Transportation

Although it should go without saying, do not let the employee drive themselves to the drug testing facility or home (yes, it has happened).  Ideally, a manager or a representative of Human Resources should drive and escort the employee to the testing facility, and home.  If not possible, you may coordinate with a local cab company.   All transportation fees are paid by the employer.

Pay & Results

The employee should not return to work (recommend paid leave for non-exempt, required to pay for exempt) until the results are received.  If the results are positive, discipline the employee according to policy.  If the results are negative, allow the employee to return to work.  Do not apologize for submitting them to drug testing, make sure they understand that you were concerned for their health and safety, as well as others.

 

This article is for general information purposes only.  I am not an attorney; accordingly, the information presented is not legal advice, and is not to be acted on as such.


About the Author

Sarah Zasso is the Owner/Principal HR Consultant of Sabeza HR (www.SabezaHR.com), a Human Resources Consulting company.  Sarah has achieved both the SHRM-SCP and SPHR certifications and earned a Bachelor’s degree in Organizational Leadership and Communication.  With almost 15 years of Human Resource experience, she has worked with a wide variety of industries including retail, restaurant, office, manufacturing, banking, hospitality, and healthcare.  Sarah has served on the board of the SHRM affiliated Coastal Organization of Human Resources since 2015 and has been elected President for 2017.  Sarah is a highly focused and energetic Human Resources professional, and prides herself on her integrity, passion, and positive nature. Sarah is dedicated to meeting and exceeding client’s expectations.


Expert HR guidance at a sensible price – Sabeza HR is “Your Human Resources Solution.”  Sabeza HR helps businesses navigate the often complex dynamics of Human Resources.  For a consultation, contact Sarah at [email protected] or 843-691-9092.

Uncategorized



01.25.
OSHA Posting Reminder 2/1/17

 


POST OSHA 300A BY FEBRUARY 1ST
Covered employers must complete and post their 2016 annual summary (Form 300A) of work-related injuries and illnesses by Feb. 1, 2017, and keep it posted in a common area (in each physical location) until April 30, 2017.

All employers required to keep Form 300, the Injury and Illness Log, must utilize the annual summary Form 300A to comply with posting requirements even if there have been no recordable injuries or illnesses, as the Occupational Safety and Health Administration (OSHA) will continue to focus on record-keeping violations.

This year’s summary must include the total number of job-related injuries and illnesses that occurred in 2016. More than 1.4 million establishments are required to maintain OSHA logs on an annual basis. The summary Form 300A reports a business’s total year-end number of fatalities, missed workdays due to injury or illness on the job, job transfers or restrictions, and injuries and illnesses as recorded on Form 300. It also includes the number of employees and the hours they worked for the year.

Employers with more than 10 employees must track injuries and illnesses and post the form. Certain low-hazard industries are exempt. Businesses that employ 10 or fewer workers or those that fall into an exempt category must also record injuries if they are required to by OSHA or the Department of Labor’s Bureau of Labor Statistics for survey purposes. Only the summary must be posted; the log (Form 300) does not have to be displayed, but must be available to employees, their representatives or OSHA inspectors. Companies with multiple jobsites should keep a separate log and summary for each location that is expected to be operational for at least a year.

Click HERE to view a link to OSHA Injury and Illness Recordkeeping and Reporting Requirements.


                                   

Sabeza HR is always here to help you navigate the changing world of Human Resources.  I would be thrilled to meet with you for a free consultation to discuss your HR needs.  Please do not hesitate to contact me at [email protected] or 843-691-9092.

Uncategorized



01.25.
HOT TOPICS 1/11/17

 


SMART I-9 FORM
The NEW “Smart” I-9 form has been released and is eligible for use.  The purpose of the updated I-9 form is to allow for improved ease of use and reduce errors by creating a more user-friendly form.

Effective 1/22/17, all employers are required to use the new Smart I-9 form, and discontinue use of the previous form. Employers should continue to follow existing storage and retention rules for all of their previously completed I-9 forms.

Click HERE to download the new “Smart” I-9 form from the USCIS website.

The intent of the new “Smart” form is to allow employers and employees to complete the majority of the information via computer.  A few features of the new form:

  • Employees and employers completing it on the computer will see helper text for each field.
  • Employees and employers completing it on the computer can choose from drop-down lists for acceptable documents, calendars, states, and countries.
  • Employees and employers will receive alerts if information is left blank or incorrect.
  • Employers can enter information in a new “Additional Information” field, instead of in the margins.
  • Employees who use multiple translators and preparers have additional space.

NOTE:  Although this form can be completed via computer,  employers will still need to follow their normal printing and signing procedures.  The form is not required to be completed via computer, you may still hand-write the information.


                
E-Verify and Right to Work Posters

E-Verify is an Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.

South Carolina is a mandatory E-Verify state.  All SC employers must complete an I-9 and submit an E-Verify case for all new hires.

Mandatory E-Verify state employers and employers who are required/elected to participate in the program, are required to display E-Verify Participation and Right to Work posters (both English and Spanish, other languages as appropriate).  The posters must be placed in a conspicuous place, easily viewed by employment candidates.

Click HERE for the link to review and print the required forms.


HR COMPLIANCE AUDIT
You may have noticed a theme with the above topics.  They are both about HR Compliance.  HR Compliance is critical in any organization, regardless of industry or size.  Failure to meet Employment law regulations and requirements could result in fines and penalties and – worst case scenario, a lawsuit.

Help your company avoid unnecessary financial loss and conduct an annual HR Compliance Audit before the end of Q1 2017.  I’ll be honest – I totally get it and understand that most companies don’t “enjoy” conducting HR Audits.  That said, they are still an essential part of legal, financial, and cultural success to an organization.

A sample of a few areas to audit:

  • Employee Files
  • I-9
  • E-Verify
  • Job Descriptions
  • Employee Classifications
  • Labor Law Posters
  • And much more

Please do not hesitate to contact me if you are interested in ensuring your company is in HR compliance!


                                       
Sabeza HR is always here to help you navigate the changing world of Human Resources.  I would be thrilled to meet with you for a free consultation to discuss your HR needs.  Please do not hesitate to contact me at [email protected] or 843-691-9092.

Please do not hesitate to contact me if you are interested in ensuring your company is in HR compliance!

Uncategorized



11.24.
BREAKING NEWS: FLSA OT Rule on “Pause”

frustrated-e1375796924733

Yesterday, 11/22/16, a federal judge in Texas blocked the FLSA changes (increased salary threshold) that were to go into effect next week, 12/1/16.  The judge granted a preliminary injunction.  This does NOT mean that rule is permanently gone.  This means that the rule has been put on “pause” and they may press “play” at a later date.  A lot is unknown at this time.  See the article below from the Society for Human Resource Management – it provides some clarification and answers many employer questions.

If you have already made the changes in anticipation of the 12/1/16 deadline and have questions about what to do now, please do not hesitate to contact me for a consultation to discuss.

Sarah Zasso, SHRM-SCP, SPHR
843-691-9092
[email protected]


SHRM Article, by Lisa Nagele-Piazza, SHRM-SCP, J.D.
Nov 23, 2016

THE OVERTIME RULE HAS BEEN BLOCKED: NOW WHAT?

A federal judge in Texas has blocked the Department of Labor’s (DOL’s) new federal overtime rule, which would have raised the Fair Labor Standards Act’s (FLSA’s) salary threshold for exemption from overtime pay from $23,660 to $47,476.

Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas granted a preliminary injunction on Nov. 22 in a lawsuit challenging the DOL’s authority to raise the salary threshold. For now, businesses and employees are in a holding pattern.

“A preliminary injunction preserves the status quo while the court determines the department’s authority to make the final rule as well as the final rule’s validity,” Mazzant said.

What does this mean for employers? Here are some questions HR professionals may be grappling with in the aftermath.

Does my company still have to do anything by the Dec. 1 deadline? 
The short answer is no. For now, the overtime rule will not take effect as planned on Dec. 1, so employers may continue to follow the existing overtime regulations.

Is this a final decision that permanently puts an end to the rule?
No. The overtime rule could still be implemented later down the road.

A preliminary injunction isn’t permanent, as it simply preserves the existing overtime rule—which was last updated in 2004—until the court has a chance to review the merits of the case objecting to the revisions to the regulation.

However, the revised regulation may face an uphill battle: The judge wouldn’t have granted the preliminary injunction unless, among other things, he thought the challenge had a substantial likelihood of succeeding.

Can the Labor Department challenge the decision?
Yes. The department said in a statement that it is currently considering all of its legal options.

The “overtime rule is the result of a comprehensive, inclusive rulemaking process, and we remain confident in the legality of all aspects of the rule,” the DOL said.

Does this ruling apply to all employers nationwide?
Yes. Because the overtime rule would apply to all states, the judge decided to apply the injunction nationwide.

“A nationwide injunction protects both employees and employers from being subject to different [executive, administrative and professional] exemptions based on location,” he said.

What should I do if my company has already either raised exempt employees’ salaries to meet the new threshold or reclassified employees to nonexempt status?
Employers will likely want to leave decisions in place if they have already provided salary increases to employees in order to maintain their exempt status, said Alfred Robinson Jr., an attorney with Ogletree Deakins in Washington, D.C., and a former acting administrator of the DOL’s Wage and Hour Division. It would be difficult to take that back.

If there are exempt employees who were going to be reclassified to nonexempt, but haven’t been reclassified yet, Robinson said employers may want to postpone those decisions and give the litigation a chance to play out.

“This should be a welcome sign for employers, even if they’ve already made changes,” Robinson said. “They can at least hold off on further changes.”

Employers shouldn’t assume, however, that the overtime rule will be permanently barred. They should still have a plan to move forward if necessary in the future.


*Make Sabeza HR your HR Department.  For an affordable monthly fee, we become your hiring manager, create and revise policies, handle employee issues and give you expert, one-on-one HR guidance from an experienced professional.  Contact Sabeza HR for a free, no-obligation discussion.  Sabeza HR is “Your Human Resources Solution.”

Uncategorized