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How to Handle: Misconduct Allegations Against a Former Employee

HR Topics Question

An employee who recently quit made several allegations about the general manager, including an instance of sexual harassment. How should we respond to these complaints since the employee no longer works here? Even though the employee has left the organization, I recommend conducting an investigation into the allegations and taking disciplinary action against the alleged harasser if appropriate. Failing to look into these concerns can invite risk, especially if there are later complaints against the same individual. When an employee resigns, it's not uncommon for them to share an assortment of complaints on their way out the door. You should sift through and determine whether any of them

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Do you know what the National Labor Relations Act (NLRA) means for your business?

Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general welfare of workers, businesses, and the U.S. economy. Although a good portion of the NLRA deals with unionization, Section 7 provides protections for all non-supervisory employees, even those not involved with a union. Some supervisors may even be protected by the Act, if they do not have sufficient authority and discretion. Specifically, Section 7 defines and protects concerted activity by employees. Generally, protected concerted activity takes place when employ

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How to Evaluate Your Culture (part 3 of 4)

This article is the third part of our series on workplace culture. In the first installment, we explained that every organization has a culture, and every culture has three components—the organization’s rules, traditions, and people. In the second article, we showed you how to identify the culture that you have so you’re able to assess whether it’s the culture that you want. Both articles are linked below. We turn now to the question of evaluating your culture. The specifics of a good culture vary from company to company, but there are a few general qualities of a good culture that you should aim for whatever your industry and mission. A good culture should be: Well-defined a

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OSHA Reporting Due July 1, Including From State Plan Employers

OSHA-covered employers with 250 or more employees, and those in certain high-risk industries with 20-249 employees, must electronically report their Calendar Year 2017 Form 300A data by July 1, 2018. Reporting must be done through the online Injury Tracking Application (ITA). Covered establishments with 250 or more employees are only required to provide their Form 300A data, not Form 300 or 301 information, as was suggested by previous rulemaking. Also contrary to previous guidance, OSHA announced in late April that all affected employers must submit injury and illness data in the ITA online portal, even if the employer is covered by a State Plan that has not completed adoption of their o

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Did You Know?

There are very limited circumstances under which an employer is allowed to take a deduction from an exempt employee’s salary, and employers who take a deduction when they shouldn’t risk the employee’s classification. This means an employee who had been classified as exempt could claim that the employer was treating them like an hourly employee by taking the prohibited deduction. The employee could then sue for back pay for all overtime they had worked without additional compensation. Deductions are not allowed for the following: Any partial day absence, for any reason, whether 15 minutes or 7.75 hours. If the employee does any work at all they must be paid for the entire workda

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How to Increase Diversity in Your Recruiting and Hiring Process

The recruiting and hiring process is supposed to select the best candidates while deterring unqualified job seekers from applying or advancing. All too often, however, the process creates obstacles or disadvantages for qualified candidates due to their membership in a protected class or minority group. Even a well-meaning process be discriminatory. Below are some actions you can take to eliminate discriminatory practices and increase diversity. Reduce barriers. Consider your recruiting and hiring process from a candidate's perspective, specifically from an under-represented class member's perspective. Would a transgender person have a fair chance in the hiring process? What about someone

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Do I Have to Keep My OSHA 300 Logs Up-to-date During the Retention Period?

HR Topics Question

Employers must retain all OSHA Forms for Recording Work-Related Injuries and Illnesses (300, 301, and 300A) for a period of five years following the end of the calendar year the records pertain to. OSHA also requires that employers update their stored 300 Logs during this five-year period if changes occur. Changes include newly discovered recordable injuries or illnesses and any changes that have occurred in the classification of previously recorded injuries and illnesses. If the description or outcome of a case changes, you should remove or strikethrough the original entry and enter the new information. There is no requirement to update the 301 or 300A, though we recommend that all recor

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Changes to Itemized Deductions for 2018 Tax Filing

If you itemize deductions, avoid tax surprises with a “Paycheck Checkup” People who’ve itemized deductions on past tax returns should do a “paycheck checkup” using the updated IRS Withholding Calculator. This is especially important due to tax law changes from the Tax Cuts and Jobs Act, such as: • A cap on deductions for state and local taxes. • Limits to the deduction for home mortgage interest in certain cases. • Eliminated deductions for employee business expenses, tax preparation fees and investment expenses. See IRS.gov/taxreform for more information.

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How to Identify Your Culture (part 2 of 4)

This article is Part 2 of our series on workplace culture. In the first installment, we explained that every organization has a culture, and every culture has three components—the organization’s rules, traditions, and personalities. In this second article of the series, we’ll show you how to identify the culture that you have so you’re able to assess whether it’s the culture that you want. Identify Your Rules and Traditions To identify your culture, examine your rules and traditions, and note what kinds of behaviors, interactions, and relations they result in. For example, if you have a dress code, what effect does it have on the workplace? Do your onboarding procedures caus

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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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