WorkSource Blog

Is it strange I’m scratching my head regarding the ADAAA Final Rule?

No, it’s not strange at all. From my view, HR professionals’ heads should be spinning regarding the Final Rule implementing the ADA Amendments Act of 2008. From the various interpretations I’ve read, it’s enough to make you stop and say, “What?” There’s a lot of verbiage to untangle, that’s for sure.

Long story short, the ADAAA’s purpose is to make it easier for individuals to establish that they have a disability by expanding the definition of the term, “disability.” Therefore, discrimination claims will invariably be on the rise and employers are going to have to be much more cautious in how they deal with every candidate and employee.

The EEOC’s Final Regulations were published in the federal Register March 25, 2011 and take effect May 24, 2011.

Here are answers to some of the most common questions regarding how the rule applies to HR professionals:
1. Does the ADAAA apply to discriminatory acts that occurred prior to January 1, 2009?
2. What is the purpose of the ADAAA
3. Who is required to comply with these regulations?
4. How does the ADAAA define “disability?”
5. How do the regulations define the term “physical or mental impairment?”
6. When does an impairment “substantially limit” a major life activity?
7. Can impairments that are episodic or in remission be considered disabilities?
8. After an individualized assessment is done, are there certain impairments that will virtually always be found to result in substantial limitation in performing certain major life activities?
9. What does it mean for a covered entity to “regard” an individual as having a disability?
10. Do any of the ADAAA’s changes affect workers’ compensation laws or Federal and State disability benefit programs?

For answers to these questions and more, go to:

http://www.eeoc.gov/laws/regulations/ada_qa_final_rule.cfm.

Does working overtime positively correlate with an increase of accidents/injuries in the workplace? According to RCS (Risk Control Services), studies indicate that employees working overtime were 61% more likely to suffer a work-related injury or illness than employees who did not work overtime.

Longer work days and work weeks were found to correlate with higher injury rates. For example, working at least12 hours a day was associated with a 37% increased risk of injury or illness, while working at least 60 hours a week was associated with a 23% increased risk.

The U.S, studies were based on survey responses from 11,000 Americans to the annual National Longitudinal Survey of Youth. The survey included questions about employment history, work schedules, and sick leave, covering the period between 1987 and 2000. The analysis included a study of over 100,000 job records and over 5,000 workplace injury reports. Over half of these were in jobs with extended working hours or overtime.

The increased risks were not concentrated in jobs traditionally considered to be “high hazard” in nature, either. The authors say their findings backup the theory that long working hours indirectly precipitate workplace accidents by inducing fatigue and stress.

Professor Allard Dembe, Center for Health Policy and Research, University of Massachusetts Medical School, Worcester, Mass, headed the study which was published in the British Medical Journal.

Even though many companies require overtime to maintain productivity levels and scheduling demands, in many cases overtime hours should be considered a potential risk. This is especially true for jobs where safety is directly tied to reaction time and hand/eye coordination (i.e. manufacturing, assembly, forklift operation). In such positions, the effects of fatigue and stress from long work hours can reduce focus and slow reaction time, sometimes resulting in an injury.

Source: RCS (Risk Management Control)

Employee onboarding is a critical process for new hires. If done well it ensures new employees understand their roles and responsibilities, integrates them into the company culture, helps them feel welcomed and appreciated, and increases the likelihood they feel prepared to step into their new positions.

Through a thorough onboarding program, employees are given the confidence and resources to understand they can make a difference by contributing to the company goals and mission. So it is best not to cut corners in this arena. Proper onboarding can decrease training time and the frustrations surrounding employees not knowing important company policies and procedures. Further, it increases morale and reduces turnover by showing the employee he/she is valued.

New Onboarding Checklists can be an extremely valuable tool to ensure all steps have been taken in the process.

10 Commandments of Employee Onboarding:

1. Thou shalt not bear false witness against thy employee: Be honest about the roles and responsibilities of the job. “No surprises,” is the best policy.
2. Thou shalt give a written plan of employee objectives and responsibilities: Provide a job description that suits the position.
3. Thou shalt give thy employ thy undivided attention: Provide an orientation with no distractions.
4. Thou shalt have relevant paperwork ready: Make sure all personnel/administrative forms are prepared and ready to be completed the first day of orientation.
5. Thou shalt introduce thy employees to thy neighbors: Assign a mentor or buddy to the new hire to get the employee acclimated to their new position and provide an avenue to ask questions and obtain important company information.
6. Thou shalt set up thy employee’s work station: Stock the new employee’s work station with all needed supplies, such as paper, business cards (if applicable), voicemail and email accounts, and leave a staff list/phone directory on the new hire’s desk.
7. Thou shalt schedule one-on-one time: Provide weekly or bi-weekly meetings to touch base with the employee. Also complete a 30 or 60 day review prior to a scheduled annual review.
8. Thou shalt create a balance: Give a bit of relief to the classroom orientation approach, such as going out to lunch or having other employees present information segments.
9. Thou shalt clarify the company culture: Make an employee handbook available to the employee. Ensure you review company policies and procedures, such as attire and attendance policies. Include company values and mission statements.
10. Thou shalt think beyond the first few days: After 90 days request formal feedback on the new hire’s performance from his or her supervisor. Be sure to solicit feedback from the new employee, as well. Take this opportunity to address issues before they become difficult problems to solve or reasons for the employee to give up and resign.

Source: CareerBuilder

Employee motivation is key to achieving company goals, mission, integration of core values, productivity and the overall health of an organization. Twyla Dell writes of motivating employees: “The heart of motivation is to give people what they really want most from work. The more you are able to provide what they want, the more you should expect what you really want, namely: productivity, quality and service.” (An Honest Day’s Work (1988)).

Advantages of employee motivation include:
1. Achievement of goals
2. increasing positive perspectives
3. creating the power to change
4. building self-esteem and capability
5. employees manage their own development and help coworkers with theirs
6. increases productivity

Here are 5 ways to foster employee motivation:
1. Provide the opportunity for employees to develop their skills and abilities: employees want to continue to learn and develop new skills. Most do not want mundane, no-brain work.
2. Employees gain a lot of motivation from the nature of and the work itself: Expand the job to include new, higher level responsibilities. Assign responsibilities to the employee that will help him or her grow their skills and knowledge. Stretch assignments to increase contributions to their company.
3. Elicit and address employee concerns and complaints before they make an employee or workplace dysfunctional: Listening to employee complaints and keeping the employee informed about how you are addressing the complaint are critical to producing a motivating work environment.
4. Recognition of employee performance is high on the list of employee needs for motivation: Many supervisors equate reward and recognition with monetary gifts. While employees appreciate money, the also appreciate praise, a verbal or written thank you, out-of-the-ordinary job content opportunities, and attention from their supervisor.
5. Employees appreciate a responsive and involved relationship with their immediate supervisor: Talk daily with each employee who reports to you. Encourage the employee who brings ideas or improvements. The supervisor’s relationship to reporting staff is said to be one of the single most important factors in employee retention. Ensure you provide a work environment for employee motivation.

Sources: About.com Human Resources, Basics About Employee Motivation

Why is building human capital so important?
The effects of employee turnover can be significant. That’s why it’s important for companies to keep their human capital, which is more than simply “employees.” Human capital is the pool of skills, talents, experiences and knowledge employees bring to the table. Human capital equates to productivity, revenues and bottom line profits. So when you consider the impact of turnover, it is best to think of it in terms of the loss of human capital.

In general, reducing employee turnover saves money. Money saved from not having to find and train replacement workers can be used elsewhere, including the bottom line of the company’s profit statement. The U.S. Dept. of Labor estimates that it costs about 33 percent of a new recruit’s salary to replace a lost employee. In other words, it could cost $11,000 in direct training expenses and lost productivity to replace an experienced employee making $33,000/year. Private industry estimates for highly skilled jobs deem turnover losses at a much higher level, up to 150 percent of the position’s annual salary.

Some research studies have found that turnover from transient workers has lasting effects on loyal employees who stay with a company, also. One study tested productivity among workers who were exposed to a management- planted person who quit in the middle of a task, citing dissatisfaction with the job and the company. A second group of employees worked with another planted person who had to leave the task because of illness. The group exposed to the employee who quit had lower productivity levels than the group exposed to the ill employee. The employees apparently took the complainer’s statements to heart while the ill employee had nothing bad to say about the company.

This demonstrates that turnover can lead to lower productivity and morale in certain situations.

Source: Reference for Business, Encyclopedia of Business, 2nd Ed.

Are you aware it’s time to post your OSHA 300A Summary log?

Each employer maintaining the OSHA 300 log for workplace injuries and illnesses pursuant to OSHA’s recordkeeping standard must post their 2010 annual summary by February 1, 2011. The posting period is from February 1, 2011 to April 30th. Employers must utilize the annual summary form (form 300A) when complying with the posting requirements. The form is available for downloading from the OSHA website.

WorkSource, Inc. is committed to workplace safety and is certified by the WRC (Workers Risk Compensation). All temporary employees working at a client site on a staffing firm’s payroll must be included in the recordkeeping.

• A company executive must certify the 300A log
• The annual summary provision requires employers to include a calculation of the annual average number of employees covered by the Log and the total hours worked by all covered employees.
• The 300A log must be posted in a conspicuous place or places where notices to employees are customarily posted.
• If an organization has had no recordable injuries or illnesses, the company must still post the 300A summary with zeros in the appropriate lines. The log must still be signed by a company executive.
• An employer must maintain records for 5 years plus the current year and provide them for inspection by OSHA investigators.

Sources: American Chamber of Commerce, Fisher & Phillips LLP, Solutions At Work

What are the top reasons for most employee turnover?
Employee turnover is a fact of life for all companies. Whether you’re operating a fast food restaurant or an executive corporation, employees come and go as time passes. Employee turnover occurs when employees voluntarily leave their jobs and must be replaced. The severity of turnover varies widely by type of business and the economic health of the region where companies are located.

High turnover can be a serious obstacle to productivity, quality and profitability for organizations of all sizes. For the smallest of companies, a high turnover rate can mean that simply having enough staff to fulfill daily functions is a challenge, even beyond the issue of how well the work is done when staff is available. Turnover is also a problem for major companies, which often spend millions of dollars a year on turnover-related costs. Customers are also likely to experience dips in the quality of service each time their representative changes.

The U.S, Department of Labor estimates that it costs about 33% of a new recruit’s salary to replace a lost employee. That’s obviously a significant amount of money. And when you consider the time that the selection process and training takes, turnover can eat up precious company resources.

To reduce turnover, you must be aware of what causes turnover.
1. Receiving higher pay elsewhere. This can be regularly observed at all levels of the economic ladder, from executives to entry-level workers. However, there is considerable evidence that money is often not the root cause of turnover, even when it is a factor in an employee’s decision to quit. Yet it is something to consider. Being competitive with pay-rates and benefits packages is indeed important.
2. Work environment: Turnover tends to be higher in environments where employees feel they are taken advantage of, where they feel undervalued or ignored, and where they feel helpless or unimportant.
3. Management handling of major corporate events such as mergers or layoffs. If employees are fearful or have a negative image of a company, more employees tend to leave the organization.
4. Work stress experienced at particular types of jobs: ex: childcare workers, waiters dealing with demanding dinnertime customers, police officers in high-crime areas, and truck drivers facing long hours.
5. Other factors such as seasonal changes (i.e. beginning of school semesters)
6. Retirement (even though this type of turnover is expected more-so, if many employees are aging out of the workforce it can have detrimental effects.
7. Work-Life balance can’t be achieved. When women or men are trying to juggle heavy home responsibilities with work responsibilities, they may find it overwhelming and therefore leave their positions.

Source: Reference for Business, Encyclopedia of Business, 2nd Ed.

Why are Job Descriptions important?
It is in the best interest of companies to have complete job descriptions for all positions. Here are some reasons why:

1. Serves as a reference guide for determining comparable industry salaries
2. Helps maximize dollars spent on employee compensation for the position by ensuring experience, and skills needed for the job, are detailed and matched to prospective applicants.
3. Functions as a foundation for developing interview questions
4. Details information about the position that can be incorporated into “help wanted” ads
5. Discourages employees from refusing to do something because “it is not my job.”
6. Provides a basis for employee reviews, salary increases, setting goals, and growth paths.
7. Serves as legal documentation that can be useful in the event an employee files a termination or discrimination lawsuit against the company.
8. Provides the opportunity for applicants to determine if the job fits their expectations, experience and skills.

What to include in a job description:

1. Job Title: Clarifies the position, job title, and rank or level (if applicable)
2. Salary Range: List starting salary, mid-range, and high (maximum salary for the position. Include information about how employees may be eligible for additional compensation (i.e. sales commissions, performance bonuses, annual raises, etc.)
3. Statement of Purpose and Objective: A general statement, summarizing tin three or four sentences, the purpose or objective of the position,
4. Job Description: A detailed list of specific duties and tasks in their order of significance (the most important duties should appear at the top of the list). This list should cover every activity that will take 5% or more of the employee’s time and include any accountability the employee may have for meeting certain objectives.
5. Description of Reporting Structure: This section provides a detailed description of any and all roles the employee will hold. This should include their own supervisory roles (if any) as well as who they are subordinate to directly and indirectly. If the employee is to work with other employees or departments include that information as well.
6. Experience and Skills: Be as specific as possible when detailing the experience and skills required to perform the job. For example, if the position requires the use of a computer, list the type of software or hardware used to perform the job.
7. Description of Ideal Candidate: Detail other strengths needed to perform the job such as “ability to work with tight deadlines and multiple bosses.”
8. Work Location and Schedule: List the physical location of the job, the days and hours of the position, and include any potential overtime that may be required to perform the job.
9. “And Other Duties as Assigned.” This is an important feature to include in every job description.

Source: Women In Business

What is your company doing this holiday season to volunteer their time?

What is your company doing this holiday season to involve your employees in community service? What projects support your company mission and vision statements, as well as your over-all strategic organizational goals? How does service affect employee performance and perceptions of what they contribute in the workplace?

Engaging your employees in volunteering their time, giving of their resources and investing a part of themselves goes a long way in helping them find meaning in their jobs, take pride in the company they work for, and improve morale and retention. Community service also affords opportunities for employees to acquire or hone skills they can integrate into their daily responsibilities and tasks.

Whether you decide on food, clothing, toy or monetary “drives,” group activities such as “adopting a family” or serving meals together, or individual projects such as mentoring or tutoring kids in need, you can rest assured your efforts will not outweigh the rewards.

“Giving back” to the communities we are a part of is just good business!
Email Nancy what your company is doing this Season. The next edition will feature our corporate efforts as Iowa business communities. nancy@worksourcestaff.com

Happy Holidays to All!

What should I write in a Reference Letter?

It’s often a precarious place to be when a former employee who has been fired requests a reference letter for a prospective employer.  Should you provide negative feedback or only relay the positive in order to avoid a defamation lawsuit?

If the employee had real performance issues that might put others at risk it certainly isn’t wise to simply set them aside.  You could be risking a lawsuit down the road if someone sued after being harmed.

On the other hand, overemphasizing the former employee’s negative qualities could find you with a defamation lawsuit.  When in doubt about the reference wording, contact your company attorney for consultation,

Dr. Carol Lindsay, who is black, was terminated early from her contract as a specialist obstetrician.  Her supervisors didn’t like her messy office or the fact that she had fallen far behind in reading patient tests.  She was often late when patients went into labor,  She was also allegedly rude and uncooperative with staff.

Lindsay applied elsewhere and her former supervisor sent a carefully worded letter that said Lindsay’s knowledge was “adequate,” but that a prospective employer should place her in a setting where “peers are available for mentoring.”  When she wasn’t hired she sued, alleging defamation.

 Fortunately for her former employer, she couldn’t show a connection with the letters and not being hired.  (Lindsay v. Children’s Hospital., No. 24114, Court of Appeals of Ohio, 2009)  – (HR Specialist Employment Law Vol. 39, No.5; May, 2009)