September, 2009

Hello ... Here we are in the last quarter of the year. After working around summer vacations for your staff, I am sure you want to do the most you can to prevent fall and winter colds, flu and the H1N1 virus from keeping your personnel home sick!

My main article this month has some very useful information from Homeland Security on how to create a written plan for keeping your workplace as safe as possible from H1N1. Make sure you scroll down to review. You don't want to miss it!

Also this month I address a couple of everyday "tips" for the workplace. You'll find out in this month's quiz how much you know about part time pay and overtime? Hmmm ...make sure you take it!

And, it is always important to bring to your attention ideas for managing sexual harrassment in the workplace. The following is a short article about a sexual harrassment suit filed by an employee of a well known local Arizona company:

Arizona Dot-Com Employee Files Sexual Harassment, Wrongful Termination Suit A Scottsdale, Arizona-based Web services company was sued by a former employee, who claimed she was the victim of sexual harassment and was terminated after she complained about it. Rachel Pearson worked for GoDaddy.com Inc., a domain registrar company. Her complaint said a male co-worker sexually harassed her at work. She reported the man to supervisors, managers and the company's human resources department, but no action was taken, she said. The co-worker continued his unwanted comments and fondling, despite her protests, and Pearson filed a charge with the federal Equal Employment Opportunity Commission (EEOC), which issued a right to sue letter in February. Title VII of the 1964 Civil Rights Act prohibits sex discrimination in employment, including unwanted sexual harassment. The law also prohibits firing an employee in retaliation for making a complaint. Workers who think the law has been violated are required to file a charge with the EEOC, the agency that enforces Title VII. Following an investigation, the agency can issue a right to sue letter if it has reason to believe illegal discrimination may have occurred. After receiving a right to sue letter, the employee may file a lawsuit, which Pearson did with the U.S. District Court for Arizona. Professional Pointer: Employers that receive a complaint of sexual harassment from a worker should promptly investigate the matter and take whatever action is appropriate to stop the harassment. The EEOC advises employers to have a sexual harassment policy that gives information about how to make a complaint and to whom, and advises employees of the consequences if they are found guilty of harassment, which can include termination. Employers should exercise caution before firing a worker who has made a formal sexual harassment complaint, because even if no harassment is found, the employee may have a claim for retaliation. Source: SHRM Online - www.shrm.org

While California employers of 50 or more employees are required to conduct anti-sexual harassment training to all supervisors and managers at least once every two years (AB 1825), it is in the best interests of all employers to provide such training to managers.

The company noted in the above article is a very high-profile, professional organization, yet basic mistakes were made by management and human resources in handling this situation. The case has not been settled yet, but the costs to the company in damage to reputation and resources directed to defending this claim are mounting.

MJ Management Solutions can provide anti-sexual harrassment training for your managers on-site or via webinar. The small investment in training and prevention could save thousands of dollars in the future. Contact us to schedule your training now. Call 480-924-6101 in Arizona, 310-798-4569 in California or e-mail us at margaret@mjms.net.

Now on to our quiz ....

An employer has an employee who works 20 hours per week part-time. The employer classifies the employee as exempt from overtime because she meets the duties test. The employer pays the employee a salary of $300 per week. Does this employee's salary meet the minimum salary requirement for exemption under the Fair Labor Standards Act? A) Yes, the Department of Labor (DOL) says the employer may prorate the salary of part-time employees to determine whether the employees' salary meets the minimum salary requirement for exemption (in this case, the prorated salary would be $600 for a 40-hour week). B) No, the Department of Labor says employers may not prorate salaries of part-time employees to determine whether they meet the minimum salary requirement for exemption.

The correct answer to our quiz is found at the end of our feature article! Please continue down for both!

"The most important thing you can do to prepare your business is to have a written plan."

The federal Department of Homeland Security, in conjunction with the Center for Disease Control (CDC) and the Small Business Administration (SBA), provides this advice to small businesses in its recently released, "Planning for H1N1 Influenza: A Preparedness Guide for Small Business."

The Guide suggests a seven step process for developing your written plan:

1. Identify a workplace coordinator.

 

2. Examine policies for leave, telework, and employee compensation.

 

3. Determine who will be responsible for assisting workers who become sick at the workplace.

 

4. Identify essential employees, essential business functions, and other critical inputs required to maintain business operations should there be disruptions during the 2009 H1N1 flu outbreak.

 

5. Share your pandemic plans with employees and clearly communicate expectations.

 

6. Prepare business continuity plans in case the H1N1 flu outbreak causes widespread absenteeism or other operations changes.

 

7. Establish an emergency communications plan.

The Guide also provides tips for maintaining a healthy workplace now and during flu season. These common sense recommendations include:

1. Developing policies that encourage workers to stay home if they are sick or are needed to care for sick family members.



2. Providing resources and a work environment to promote personal hygiene.



3. Encouraging workers to obtain seasonal and H1N1 influenza vaccines, if they are among the groups for which the vaccines are recommended by CDC.



4. Educating, training and updating workers on H1N1, its risk factors and its symptoms.



5. Planning practices to minimize face-to-face contact between workers if advised by local health departments



6. Segregating and sending home workers who become sick while at work.

Interestingly, the Guide suggests that employers should encourage workers who are well but who have an ill family member to continue to work while monitoring their own health. In addition, the Guide does not contain any suggestion to make H1N1 vaccines mandatory.

At this point, some local health departments, such as the New York Department of Health, have recommended mandatory vaccines for healthcare workers with direct patient contact unless the vaccine is medically contraindicated for an individual.

As of now, the Ohio Department of Health has not issued any specific guidance on the vaccination of healthcare workers. Its website, however, does link to the CDC website, which generally recommends the H1N1 vaccination for healthcare and emergency medical services personnel because infections among healthcare workers can be a potential source of infection for vulnerable patients.

Also, increased absenteeism in this population could reduce healthcare system capacity.

Source: Employer Law Report - Porter Wright Morris & Arthur LLP Some Resources: The California Department of Public Health Published Interim Guide for Employers - click here   The Arizona Department of Health Services Published Business Planning Guide for AZ employers - click here   ADHS Published Recommended Employer Responses click here.   Contact MJMS for assistance in creating your plan and response in the coming flu season: www.mjms.net or margaret@mjms.net

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Answers To The Quiz

Your Response: B is Correct
No, the Department of Labor says employers may not prorate salaries of part-time employees to determine whether they meet the minimum salary requirement for exemption.

Explanation:
A DOL opinion letter states that employers may not prorate salaries of part-time employees to determine whether they meet the minimum salary requirement for exemption. For example, a part-time employee earning $300 per week for working 20 hours does not qualify for exemption, because the employer may not prorate the $300 for 20 hours out to $600 for 40 hours when the employee works only 20 hours per week.

Source: Hr.BLR.com

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ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, SPHR

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: 

• Conducting H.R. Needs Assessments
• Drafting employee handbooks and policy manuals
• Conducting job analysis and developing position descriptions
• Conducting on-site compliance audits
• Counseling management on progressive discipline
  
• Drafting and review of employee disciplinary actions
• Providing mediation in employee/employee conflict
  
• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment
• Conducting workshops for business owners on H.R. compliance issues.

 
Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources (SPHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).
 
Ms. Jacoby's professional affiliations include:

• Professionals in Human Resources Association (PIHRA)
• Society for Human Resource Management (SHRM)
• National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix
• California Chamber of Commerce


• Arizona Small Business Association (ASBA)
• Long Beach Community Business Network (LBCBN)
• Institute for Management Consultants (IMC)

The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.