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December, 2008
Happy New Year ....
2009 is here! The holiday season is passing and here we are looking at a brand new year, new goals and many new challenges!
This month's newsletter has several short articles that I hope will keep you "on top" of some of the new 2009 legal requirements and also some potential office situations. My main article is written by Amy L. Lieberman, the
Executive Director of Insight Employment Mediation. She is a professional mediator of workplace conflict for matters that arise in the workplace as well as for claims in litigation. Mediation is something we should all keep in mind as our
business year evolves and changes occur. I hope you enjoy her article.
Let's first talk about two new legal requirements:
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A New I-9 Form Is Required in 2009
On December 17, U.S. Citizenship and Immigration Services (USCIS) published an Interim Rule amending the Employment Eligibility Verification Form (Form I-9) and the types of identity and employment authorization documents an employer may
accept as part of the I-9 process.
The rule and new form take effect on February 2, 2009, which is 45 days after publication in the Federal Register. As of February 2, the new Form I-9 will be the ONLY version of the form employers can use to satisfy the Employment
Eligibility Verification process.
As soon as the new form is available, we will post it on our WebForms site and include details on the types of documents employers may now accept in our next newsletter.
Remember, significant penalties can be imposed by USCIS for failure to use the correct form and to complete it fully and correctly. MJMS can review all of your I-9 Forms for compliance - just call us to discuss.
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Effective January 1, 2009 the IRS standard mileage rate Is reduced to 55 cents / mile
The deduction was increased to 58.5 cent per mile, effective July 1, 2008 to Dec. 31, 2008. Employees or the self-employed may use this optional amount in computing the deductible cost of operating an automobile, van, pickup or panel truck
for business purposes.
Employers that use the IRS rate or lower may deduct that amount as a business expense. However, employees who are reimbursed at a higher rate may be required to pay taxes on the difference between their reimbursement rate and the IRS
standard mileage deduction because the IRS considers that amount to be wages.
What should you do?
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Review your policies to ensure you are not reimbursing employees at a rate higher than 55 cents per mile for 2009.
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If you intend to change the reimbursement rate, notify your employees immediately.
Are you thinking about part-time employees in 2009?
If not now, it might be something that comes up as budgets get reviewed during the year. Pay close attention to this next article as it brings to our attention how the financial savings of a part-time employee may be outweighed by a loss
in productivity. Read on .. it explains:
Tactics For Tough Times:
5 techniques for managing part-time employees
As U.S. companies struggle to weather the recession, many are cutting back employee hours. According to the U.S. Department of Labor, a record 7.3 million Americans worked part time in November, a 62% increase over a year ago. Part-timers
make up 5% of the workforce now, the highest proportion since the early 1990s.
Trimming labor costs by converting full-time workers into part-timers may make economic sense, but it can give supervisors fits.
It's hard to build a cohesive team when employees work staggered hours and days. Plus, full-time employees and managers too often treat part-timers like second-class citizens, which can hurt morale and performance. Communication and
productivity suffer.
Here are five strategies managers can use to motivate part-timers and unify their teams:
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Assign a mentor.
Because part-timers aren't on site as much, they likely have more questions floating in their heads. Assign each a full-time employee to serve as a mentor. The part-timer will feel more like part of the team, and the mentor will feel good
about the added responsibility and recognition. Pick a patient person who has the time to answer questions.
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Orient them properly.
Run part-timers through the same orientation as full-timers; don't cut corners.
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Mix up the workload.
Urge managers not to overload part-timers with "grunt" tasks. Instead, managers should discover the person's specialized skills and take advantage of them.
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Offer flexible hours.
Many part-timers have special situations that led to their need for reduced hours. Use that to your advantage. By extending flex hours, you'll retain part-timers longer.
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Give financial incentives.
Urge senior management to include part-timers in any bonus or award structure ... at a pro-rated basis, of course.
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And now, just before moving on to the main article ... take my monthly quiz! Find out how up to date you are on yet another "new" law for 2009!
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The ADA Amendments Act of 2008 (ADAAA) will go into effect January 1, 2009. The law revises the definition of a disability under the Americans with Disabilities Act (ADA). Under the law effective January 1, 2009,
does an impairment that is episodic or in remission constitute a disability?
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No, an impairment that is episodic or in remission never constitutes a disability.
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Yes, an impairment that is episodic or in remission constitutes a disability if it would substantially limit a major life activity when active.
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The new law doesn't address this issue.
The answer is found at the end of the main article. |
On to my main article, written by Amy L. Lieberman:
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Top Ten Reasons To Mediate Disputes
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Would you turn down $100,000.00, for $15,000.00? That's exactly what an employee just did in a mediation I recently handled.
After filing numerous EEOC discrimination and retaliation charges, which cost the company tens of thousands of dollars in legal fees to respond to, the parties agreed to mediate. John stayed employed with the company, at an annual salary
of $38,000.00 during this time. What John wanted was a promotion he felt he had earned; what the company wanted was to convince John to resign and leave the company. They were willing to pay him over $100,000.00 to do so.
The employee said it "wasn't about the money". Apparently he meant it. Countless hours were spent in an effort to convince John to accept the money. In the end, the case settled for the promotion and 10% raise John had been seeking,
along with a $15,000.00 payment to help John cover his legal fees.
So what does that teach us about resolving workplace conflict? When it comes to conflict, it's not always about the money, and it's not always about the legal issues. More often, it's about addressing underlying needs and interests. In
this case, it was the need for respect at work, and for job security.
The mediation was successful. It stopped the constant flow of legal fees to outside counsel, and capped the risk of more significant exposure the company could have faced in a court trial. John felt like he had accomplished what he set
out to do. He was finally heard.
The company realized that if it had engaged in mediation earlier, it could have avoided years of stress, legal expense, and lost productivity.
The Top Ten Reasons to Mediate Workplace Conflict
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Proactive
Mediation allows you to proactively get a handle on the costs of conflict, before legal claims are filed, lawyers get involved, and costs spin out of control.
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Perspective
Mediation allows you to gain the other person's perspective. Typically, we know our own views, and we think we know the other person's, but what we know is the other person's position, not the total perspective. Positions often are
motivated by several different perspectives – legal, financial, and emotional, to name a few.
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Progress
Mediation allows you to make progress in terms of figuring out what the problem is, what the underlying needs and interests are, so that even if immediate resolution does not occur, new analysis can be brought to bear and the success of
resolution later increases.
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Privacy
Mediation allows you to talk with the involved persons in a private setting, without broadcasting all the issues throughout the workplace.
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Productivity
Successful mediation allows everyone to return to work and go back to doing the jobs they were hired to do!
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Perception of fairness
Mediation with a neutral mediator, who has no "skin in the game", indicates you are willing to have both sides express their views, to listen and be open to new information and new options for resolution, and to accept guidance or
facilitation from someone with experience in assisting others resolve conflict. Setting the stage in this way allows for a greater perception of fairness, which in turn de-escalates conflict and increases the likelihood of resolution.
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Professional
The experienced workplace mediator knows how to structure the process so as to foster progress and resolution. Outbursts of emotion caused by anger, frustration and adrenaline can tend to derail the process, and the professional mediator
can shepherd the discussions to reduce or eliminate the likelihood of impasse due to a breakdown in communication.
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Price and ROI
The cost savings cannot be overstated. Most matters resolve in a half-day session. On occasion, a full-day, or more than one session might be needed. One day of one mediator's time is far less than one year of a lawyer's time – or more.
A few thousand dollars spent on the front end can save tens to hundreds of thousands of dollars in long run. In this mediator's experience, 90% of conflicts are resolved through mediation. With those odds, why wouldn't you make such an
investment?
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Positive
Mediation allows discussion of conflicting positions, underlying interests, and the generation of options and problem-solving to occur in a respectful environment. With the mediator's assistance, the focus can remain on the positive
opportunities that come with resolution.
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Peace
Successful mediation allows both sides to finally achieve the peace that comes with resolution of conflict, so that they sleep at night, focus on their work and return to happy and productive lives.
Copyright © 2008 Amy L. Lieberman. All rights reserved.Amy L. Lieberman is a full-time professional mediator of workplace conflict, for matters that arise in the workplace as well as for claims in litigation. She
is an Advanced Practitioner in Workplace Mediation, and has been repeatedly listed in the Best Lawyers in America in Alternative Dispute Resolution. To learn more, visit her website at
www.InsightEmployment.com, or contact Amy at (480) 246-3366.
Answers To This Month's Quiz:
2. Yes, under the ADA/ADAAA, an impairment that is episodic or in remission constitutes a disability if it would substantially limit a major life activity when active (42 USC 12102(4)(C)).
Don't Forget To Access Our WebForms.
Answer All Your Human Resource Needs!
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Manage Your Day-to-Day Non-Profit or Small Business
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Organize All Necessary Human Resource Information
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Promote Legal Compliance Within Your Organization.
Click Here To Know More!
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ABOUT MJMS, INC.President and Principal Consultant: Margaret Jacoby, PHR
Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and
federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.
Her work has included:
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Conducting H.R. Needs Assessments
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Drafting employee handbooks and policy manuals
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Conducting job analysis and developing position descriptions
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Conducting on-site compliance audits
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Counseling management on progressive discipline
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Drafting and review of employee disciplinary actions
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Providing mediation in employee/employee conflict
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Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
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Conducting workshops for business owners on H.R. compliance issues.
Ms. Jacoby has earned the nationally-recognized certification of Professional in Human Resources (PHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
Ms. Jacoby's professional affiliations include:
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Professionals in Human Resources Association (PIHRA)
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Society for Human Resource Management (SHRM)
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National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix
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California Chamber of Commerce
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Arizona Small Business Association (ASBA)
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Long Beach Community Business Network (LBCBN)
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Institute for Management Consultants (IMC)
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