We are all aware of the fact that HR can be a very complex
All of the various regulatory requirements – like FLSA which we will discuss a little later, FMLA, ADA, HIPPA and the list goes on
In addition to the above regulations – you are also responsible for creating, updating, and maintaining company policies and procedures , recruiting, hiring, and on-boarding, choosing benefit plans, etc.
On top of that, you are responsible for fulfilling request from employees, managers, other departments, executives and leaderships
Then there are the many vendors for benefits, retirement, etc
Last, but certainly not least, benefits administration
How can you manage it all , ensure that your employees are treated fairly, and you are remaining compliant with all of the regulatory requirements.
The are 5 element that you need to recognize as common mistakes made by employers, whether start up or seasoned business.
Fair Labor Standards Act – establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. - Branching out into other states, need to do an audit of states requirements.
Family Medical Leave Act – 50 or more employees; job protection during unpaid leave; maximum 12 weeks in a rolling 12 month period for eligible employees (1 yr/1,250 hours). If you’re an employer with less than 50, you are not required to follow this, but once you hit the 50 employee threshhold, you are now required to have a policy.
Americans with Disabilities Act – 15 or more employees – allow for reasonable accommodation if needed; interactive process to see what type of accommodation may be needed, if at all.
Final Pay Rules vary per state – Ex. GA – pay with next regular pay cycle; not required to pay out vacation/sick/PTO unless stated in company policy. CA – final pay due on the day of termination for involuntary terms and within 3 days for voluntary terms; Vacation/PTO and Personal time considered wages and required to pay out upon termination, but not sick time. Vacation/PTO and Personal time is required to carryover from one year to the next……..
Various state reporting requirements – Ex. CA – WC info
Although documentation is not a new HR trend. You certainly have heard HR practitioners explain the importance of documenting performance and behavioral issues previously. Documenting continues to be one the most import risk management steps a manager can take yet it remains a step frequently not taken. Managers are busy and therefore difficult conversations and also documentation of those conversations don’t always occur.
Termination is not the goal of counseling. The ideal purposes behind counseling include:
To clearly communicate expectations and feedback
Help employee succeed and get back on track
Give employee opportunity to correct behavior/performance as part of employer due diligence
To document substandard performance in event performance is not brought back on track
Habit to consult with HCC because every situation is different. As HR Professionals we consult with each other on a regular basis. There are many times that we see a turnaround so remember the goal is not termination.
Document your hard work with the ee.
Our favorite phrase in HR is document document document!
Remember the numbers that we touched on in the beginning? Many of those were born out of the employer not having proper documentation.
Not having proper documentation, may lead to various claims against the company. Often see this post termination, where a former employee files a claim for wrongful termination.
In addition to coaching for performance as previously discussed, you must also document behavior issues (i.e. – attendance, not meeting goals or deadlines, poor customer service, etc)
1st time offense – provide verbal warnings and follow up with an email of what was discussed and agreed to.
If no improvement, written warning. In all cases, verbal and written, want reference previous discussion, re-state specific issue and whether or not improvement was made no matter how small (a little goes a long way for motivation), what they need to do to improve, and the timeframe for which this needs to be resolved. Make sure you follow up….waste of time if you don’t. Also, get the employee to talk and share information with you…are they not happy in their position, are they having issues with team members, do they need more training…ask what you can do to assist them. Your concern and willingness to assist may motivate the employee or be just what they need to turn the behavior around.
The good thing is…if you are properly coaching for performance as previously discussed on last slide, and documenting the discussions, then you will have necessary documentation needed when you reach the point of termination.
Now, many of you are probably say, why do that….GA is an at-will state. Although that may be true, courts and federal agencies like the EEOC want to see the documentation that shows you gave the employee fair warning, the opportunity to turn behavior around, did not discriminate, harass, or wrongfully terminate the employee.
Adding a little more time to your day to engage with your employees for coaching and counseling will go a long way and help to keep you from being a statistic.
THANK YOU!
Open: If you put our full-service HR solution on one page it becomes clear that there’s a lot that goes into doing HR right.
Body: It also illustrates how convenient it is to get full-service HR in a single solution. All of this delivered by one company, one technology platform and one HR team. It’s likely clear that it’s easier to work with one company, but what may be even more beneficial is how much better the experience is when all of HR is integrated. It just works better.
Transition: I encourage you to use this slide when researching HR solutions.