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Are depression and anxiety considered disabilities?

Question: Are depression and anxiety considered disabilities? Answer from Kyle, PHR: They can be, yes. Under the Americans with Disabilities Act (ADA), an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privil

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Worried About Retention? The Best Way to Keep Employees Is to Be Useful to Them

According to Gallup, 51% of employees are looking for a new job, and 68% of employees believe they are overqualified for the job they have. Even engaged employees are job hunting at an alarming rate—37%. Employees who change jobs cite career growth opportunities, pay and benefits, management, company culture, and job fit as reasons for doing so. Employees surveyed said they want to do what they do best while maintaining a good work-life balance. They desire a secure and stable job that pays well and contributes to their personal wellbeing. They’re likely to leave their current employer if they can get a more flexible work schedule or a significant pay increase elsewhere. To retain

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Employee Files: When More is Better

As much as we may want to simplify our HR processes, not all employee information is best kept in the same place. For instance, the United States Citizenship and Immigration Services (USCIS) recommends storing Form I-9s in a different file than other personnel records, so they can easily be audited (by you or the government). We also suggest keeping medical records and related accommodation and leave requests in a separate location so you can more easily evaluate what kind of accommodations and leaves you’ve provided in the past. A separate file for these documents should also reduce the number of individuals who have access to sensitive medical information. And, it may go without sayin

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Did You Know?

In order to be exempt from overtime, your managers need to do more than have “Manager” in their job title. In fact, the act of managing alone is not even enough. When classifying a manager as an exempt employee, you’re usually using what’s called the White Collar Executive Exemption under the Fair Labor Standards Act. To use this classification correctly, you must ensure that your employee passes all three parts of the following duties test: Their primary duty is the management of the enterprise or a customarily recognized department or subdivision; and They customarily and regularly direct the work of two or more full-time employees or equivalent (e.g., two 40-hour per week

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Why Courts, States, and Employers Are Focusing on Pay Equity

The federal Equal Pay Act went into effect in 1963, but it hasn’t brought an end to pay disparities between men and women. Neither have state laws with the same objective. Long story short: the laws weren’t strong enough, and they didn’t account for all the causes of unequal pay. In many cases, it has been possible for an employer to comply with these laws while still giving unequal pay for equal work. Often, it’s not that employers have deliberately chosen to pay women less than men for the same jobs. In many cases, the basis for pay differentials has seemed sensible, such as salary history. But it turns out that basing pay on salary history perpetuates discrimination over an emp

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Many Managers Are Uncomfortable Communicating with Their Employees – Here’s How You Can Help Them

Here’s a startling statistic: Nearly 70% of managers are uncomfortable communicating with their employees. That number comes from a Harris Poll conducted on behalf of Interact, and it indicates that managers may at times shy away from doing basic management duties. If uncomfortable managers avoid giving feedback, offering praise, showing vulnerability, providing direction, or communicating in general, they’re not helping the bottom line. Poor employee performances will go unaddressed. Star performers won’t feel recognized. Employees may distrust their managers and not admit mistakes. Efficiency and productivity won’t be a good as they could be, and that’s money down the drain.

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Four Keys to Improving Your Culture

In the previous articles of the series on workplace culture, we showed you how to identify and evaluate your culture by examining the rules that govern behavior, the traditions that facilitate interactions, and people you employ. We turn now to the final topic in this series: how to improve your culture. There’s no easy formula to fixing all cultural problems because each workplace is unique. The rules and traditions that lead one team to success might bring a different team to ruin. Some teams will thrive in a highly centralized environment, while others will reach new heights through delegated decision-making. Much depends on individual situations and circumstances. Nevertheless, succ

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The Fundamentals of Performance Management

There’s a lot of debate in the HR world about what performance management process employers should use. The annual performance review, once the standard, has fallen out of favor with some employers. They’ve opted instead for more frequent feedback about performance, sometimes involving the employee’s peers in addition to their supervisor. Others, to be sure, still prefer the traditional annual performance review. The right process to pick depends in large part on what you want to accomplish with performance management and what you’re willing to invest in it. Here are some principles to keep in mind when deciding on your policy and performing assessments: Performance reviews a

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Why Paid Sick Leave Is Becoming More Popular

We’ve all seen it—one of our employees has a bad cold, maybe even the flu, but they come to work anyway. In some cases, the employee has the option of taking time off, and you’d prefer they do so, but still they show up, putting everyone in the workplace at risk. The reasons vary. Sometimes the employee can’t afford the reduced hours. Sometimes they can take the financial hit, but they’re worried about falling behind on their projects, missing an important meeting, or looking bad next to their co-workers who never seem to take a day off. Some employers encourage sick employees to stay home and rest. To that end, they offer paid sick or personal time so that employees who already

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FLSA Amended to Allow Tip Pooling if No Tip Credit is Taken

The rules around tip pooling have been mired in litigation since 2011, when regulations came into effect that forbid tip pooling between employees who customarily receive tips and those who do not. The recently passed federal budget bill has created clarity by amending the Fair Labor Standards Act (FLSA) and eliminating that rule for employers who do not take a tip credit. Since the rule has been eliminated entirely, court decisions interpreting it—such as Oregon Restaurant and Lodging Association, et al v. the U.S. Department of Labor—are irrelevant. The amended portion of the FLSA, while allowing for tip pooling between front and back of house employees if no tip credit is taken, cl

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