Religion in the workplace: a constitutional right

We frequently receive questions regarding employers’ obligation to accommodate religion in the workplace—particularly as it deals with Sabbath observance. The following outlines important information that every employer should understand about Sabbath observance and the workplace:

• The Equal Employment Opportunity Commission has recognized that a claim to Sabbath work restriction may be brought by an individual based on his personal belief, even if he is not a member of any established group with rules about Sabbath work.
• Courts recognize that businesses activities may regularly involve Saturday and Sunday work. In these circumstances companies may be required to provide scheduling and/or unpaid leave accommodations.
• To be entitled to accommodation, an employee must make known his religious obligations to his employer and be reasonable in considering his employer’s good faith efforts to accommodate.
• An employee’s request must be based on religious observances, not on optional activities or convenience. Nevertheless, the law protects more than the observance of strictly mandated activities. For example, the law requires accommodation to attend a bar mitzvah, but does not require accommodation to allow an employee to prepare for a church social activity.
• The EEOC and several federal circuit courts have determined that an employer satisfies the duty of reasonable accommodation of a Sabbath or holiday request when it allows an employee to exercise a right to seek job transfers or shift changes with coworkers. However, where the employee’s religious objections include the view that to induce another employee to work in his stead on the Sabbath would be wrong, such trading opportunities would not satisfy the reasonable accommodation requirement.
• Employers are not required to make accommodation if that accommodation would result in an undue hardship on the conduct of their business. Factors in considering whether a requested accommodation will constitute an undue hardship include the size of the employer, the nature of the employer’s business, the type of accommodation required, the cost of the accommodation, whether the employee provided reasonable notice to the employer of the desired accommodation, and the composition and structure of the workforce.

Strategic planning: your roadmap to the future

Strategic planning is an integral management tool. To succeed in today’s chaotic business environment, the executive team must understand and adopt strategic planning as part of its regular methodology for doing business. For organizations unfamiliar with strategic planning, the best way to learn and implement the planning process is through practice.
BAI’s two-day Strategic Planning workshop will guide your executive team through strategic planning. This includes reviewing the organization’s mission and values, performing a SWOT analysis, identifying key results and forming an action plan to initiate and sustain necessary changes.

2013 Obamacare mandates

Now that implementation of the Patient Protection and Affordable Care Act (Obamacare) is poured in concrete, it is critical for employers to understand and comply with the administrative impact of the legislation. Below is a summary of the legislative requirements effective January 1, 2013:

• W-2 reporting for benefits provided during the previous year. Employers with over 250 W-2’s will be required to report the total cost of coverage under and employer-sponsored health plan. This information is intended to provide employees information regarding the actual cost of health insurance. The employer contribution is not taxable at his point.
• Flexible spending account contribution limits are reduced to $2,500 annually. This amount only applies to employee contributions and does not cap employer matching or other contribution programs.
• Medicare tax will increase for high earners. The current Medicare tax rate of 1.45% will increase to 2.35% for all wages over $200,000 for single filers, $250,000 for joint filers, and $125,000 for persons who are married filing separately. Employers are not required to consider the spouses wages or an employee’s wages at a second job. The tax would begin at the point the employee’s annual wages exceeds $200,000.
• First dollar coverage for women’s preventive care services is required. Companies will be prohibited for imposing co-payments, deductibles or other cost-sharing mechanisms for certain women’s preventive care services including contraceptive methods and counseling.

In addition to the January 1, 2013, changes, effective March 1, 2013, employers will be required to provide notices to employees regarding state health insurances exchanges which must be operational in 2014.

When was the last time you took the pulse of your organization?

When was the last time you asked your employees how they feel about working for you? The BAI employee opinion survey process is an invaluable tool that secures and analyzes employee perceptions on a variety of critical business issues. Not only does it generate the hard data required to make sound decisions related to successfully managing employees, it helps identify training needs, potential discrimination or harassment problems, perceived salary inequities, possible union organizing initiatives and a myriad of other issues that cost organization’s valuable time, attention and money.

Ultimately, the BAI employee opinion survey process creates greater employee commitment to the organization and its ongoing success by giving employees an opportunity to share their opinions and perspectives in a meaningful way.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.

Compressed workweeks may reduce costs and improve morale

With high transportation and energy costs affecting business and workers, more employers are considering compressed workweeks as a tool to save money and improve employee morale. Compressed work weeks typically involve schedules that enable employees who work a traditional 40 hour workweek to put in their 40 hours in fewer than five days. While some companies allow compressed work weeks as scheduling options other organizations make the revised schedule mandatory.

The most common approach to compressed workweeks is four 10-hour workdays. This schedule allows the employer to close business three days each week and enjoy the economic benefits of reduced operating costs.

If your business requirements necessitate staffing five or more days a week, the additional day off can vary for each employee. For example, some organizations place half their staff on a Monday through Thursday schedule, while the other half works Tuesday through Friday. Some organizations choose to assign a different day off to each employee to ensure adequate coverage.

A second option involves working nine out of every 10 workdays with each workday nine hours in length. This approach is somewhat problematic as a result of Fair Labor Standards Act regulations. FLSA requires employers to pay overtime at 1½ times the hourly rate to nonexempt workers who work more than 40 hours in a given workweek. To comply with the law, the employer begins the workweek on Friday at noon. By working nine hours on Monday through Thursday and four hours on Friday morning, the employee completes 40 hours of work. Beginning at noon, the employee works the remaining four hours on Friday and 36 hours on Monday through Thursday the following week.

Problems with this schedule will arise, however, when an employee comes in early on Friday so he or she can leave early at the end of the day. If the employee comes in an hour early Friday morning, the result will be 41 hours in one workweek and 39 in the next. Overtime will have to be paid for one hour during the first week while the employee will only receive pay for 39 hours during the second week.

Although compressed workweeks are no panacea, they do offer employers a scheduling option that can impact overhead and morale in a positive way. Careful consideration should be given before adopting a compressed workweek.

Strategic planning: your roadmap to the future

Strategic planning is an integral management tool. To succeed in today’s chaotic business environment, the executive team must understand and adopt strategic planning as part of its regular methodology for doing business. For organizations unfamiliar with strategic planning, the best way to learn and implement the planning process is through practice.

BAI’s two-day Strategic Planning workshop will guide your executive team through strategic planning. This includes reviewing the organization’s mission and values, performing a SWOT analysis, identifying key results and forming an action plan to initiate and sustain necessary changes.

To learn more about how this workshop can help your organization plan for the future you deserve, call BAI today at 801.444.9919.

Retaliation leads to litigation

When employees bring charges or discrimination to management’s attention, it is essential that management avoid actions that can be construed to be retaliatory.

What must you know?

• You must be careful about any changes in job assignment, duties, work schedules, work locations, etc., after an individual has made a charge of harassment or discrimination in the workplace. As the US Supreme Court has stated: “Context matters. A schedule change in an employee’s work schedule may make little difference to many workers, but may matter enormously to a young mother with school age children…A supervisor’s refusal to invite an employee to lunch is normally trivial, a non-actionable petty slight. But to retaliate by excluding an employee from a weekly training lunch that contributes significantly to the employee’s professional advancement might well deter a reasonable employee from complaining about discrimination.”
• Managing employees while CONSISTENTLY utilizing metrics-based performance standards and clearly documenting that process is critical. Without this record, a bright yet poorly performing employee can file a discrimination claim in anticipation of any discipline and then claim retaliation when the discipline is actually initiated.
• You need to review your discrimination policy to ensure that retaliation will not be tolerated, claims will be thoroughly investigated and that workers will be treated consistently and fairly. This policy must be communicated clearly and regularly to all employees.

To avoid costly litigation and payouts, management must ensure that it takes every claim of discrimination or retaliation with the utmost seriousness, that each claim is thoroughly investigated, and that the employee is satisfied that the investigation and the outcome was fairly concluded.

The alternative will be painful and costly for both your managers and your company.

Business Ethics: Constancy in a world of change

Unprecedented change is affecting our business and personal lives. Does this mean personal and professional ethical values are changing too?

The Committee of Sponsoring Organizations (COSO) formed under the direction of the Treadway Commission (a gathering of public and private sector representatives asked to study fraudulent business activity) identified integrity and ethical values as a primary component of organization success.

Business Ethics: Constancy in a World of Change is a half-day seminar that helps participants to understand the role of ethics in business dealings and gain a greater appreciation for strong moral principles that not only minimize corporate liability, but ultimately, maximize company profitability.

For more information about Business Ethics: Constancy in a World of Change and other BAI seminars, workshops and services, call us today at 801.444.9919 or email us at amiller@gotobai.com.

Common sense rewards in a tough economic environment

All too often managers and supervisors have the mistaken idea that money is the best way to motivate employees to work harder and smarter. While the paycheck is important to most employees, it generally fails to generate that added commitment that moves an organization to excellence. This is a particularly important principle to understand when the economy tightens and outlays for salary increases or bonuses are hard to come by.

What do employees identify as the most effective reward?

Personal heartfelt congratulations from the boss—not just the BIG BOSS, but even better, the boss to whom the employee reports. It’s a reward that each employee should receive in some form with real regularity.

Other less formal recognition and reward tools may also have a strong positive impact on motivation and morale. Listed below are a few no-cost or low-cost rewards that can generate positive results:

• A personal note from the boss
• A new title
• Name on electronic bulletin board
• Flowers
• Home helper (to cut the lawn, wash windows, weed, etc)
• Candy
• Movie tickets
• A car wash
• Gift certificate
• A make over
• A one month health club membership
• Cake and ice cream
• A traveling trophy
• A magazine subscription
• An afternoon off
• A tee-shirt
• Lunch with the company president
• A round of golf
• Massage
• Dinner for employee and spouse
• Balloons
• Limo ride

This list could go on forever. Just remember that recognition and reward does not have to be big or expensive. It just has to be there. Even in periods of economic difficulty, there is increasing competition for talent. Keeping our best and brightest employees is critical. Effective recognition and reward will go a long way to accomplishing this objective.

Business Ethics: Constancy in a world of change

Unprecedented change is affecting our business and personal lives. Does this mean personal and professional ethical values are changing too?

The Committee of Sponsoring Organizations (COSO) formed under the direction of the Treadway Commission (a gathering of public and private sector representatives asked to study fraudulent business activity) identified integrity and ethical values as a primary component of organization success.

Business Ethics: Constancy in a World of Change is a half-day seminar that helps participants to understand the role of ethics in business dealings and gain a greater appreciation for strong moral principles that not only minimize corporate liability, but ultimately, maximize company profitability.

For more information about Business Ethics: Constancy in a World of Change and other BAI seminars, workshops and services, call us today at 801.444.9919

Body odor in the workplace

Eventually, every manager is confronted with a complaint about an employee’s body odor. There is no human resource problem that is more difficult or causes the manager greater discomfort and embarrassment to resolve. For the sake of the team, however, the problem must be addressed head-on and a solution identified.

When you have a malodorous employee, keep the following points in mind:

Meet with the worker personally to confirm that the problem actually exists. Sometimes employees will use body odor as the basis of a prank or practical joke to embarrass the worker or the supervisor. By meeting personally with the employee, you can ensure there is substance to the complaint.

Address the problem directly and confidentially with the offending employee. Treat the body odor as you would any other performance problem. With sensitivity, tell the person that his body odor is impacting others’ ability to work with him. His job is not at risk, but he must resolve the problem.

Offer appropriate help. Suggest that the employee shower, see a doctor, bring a change of clothing, etc.

Recognize the legal implications of the problem. Making assumptions or inquiring about the cause of the odor is entirely inappropriate. To avoid ADA problems, do not discuss medical issues related to the condition with the employee. If the employee volunteers information, you may be required to provide reasonable accommodation. Never suggest that the employee change his diet. This may result in a discrimination claim based on ethnic origin.

Protect the offending employee. Ensure that other employees are neither harassing nor ostracizing the malodorous worker. If co-workers behave inappropriately, bring it to their attention and put the bad behavior to a stop using discipline if necessary.

The BAI Leadership Imperatives program makes good leaders great!

The typical manager expends 40-60% of his or her time dealing with employee-related issues that are often distractions from core business activities. By mastering advanced leadership and management principles, the time spent dealing with employee problems and concerns can be cut in half. Leadership Imperatives is a two day seminar that identifies those issues and skills that help participants move from being good leaders and managers to great ones and utilize their time and resources to more successfully influence the organization’s financial success.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.

The low down on personnel files

We frequently receive requests for information about personnel files. Below are the most common questions and our answers to those questions.

What should and shouldn’t be kept in personnel files?

The bottom line is that personnel files are the repositories of information that may be used by the company for making job-related decisions affecting employees. These files should, therefore, contain only information that can be legally used in making these decisions. Employment applications, pay records, performance evaluation forms, and disciplinary action records can and should remain in the personnel file.

Because federal and state law prohibits the use of sex, race, national origin, color, religion, disability or veteran's status to make employment decisions, documents containing this information should not be retained in personnel files. Likewise, medical information, garnishment orders and records, and I-9 documents should also be kept separate from personnel files.

Who should have access to personnel files?

Files containing information that is used in making job-related decisions should be maintained by a custodian that allows access only to those managers who have responsibility for a particular employee. Protected information (e.g., information related to race, national origin, medical issues and I-9 forms) should be accessible only to the file custodian. All personnel files should be kept locked at all times.

Should employees have access to their individual personnel files?

While some states grant employees the right to inspect personnel files, many do not. As a matter of policy, however, we recommend that employees be allowed to view their own personnel files so long as they make an appointment in advance to examine the file and a company representative is present at the time of the review.

Why do we recommend this?

We believe that if you do not allow employees opportunity to view their personnel files, they will assume that you are hiding information that is at odds with their interests. As a result, a potential conflict between the employee and the company might arise where none is warranted.

Moreover, if an employee is involved in discipline, it is important that the employee have a complete and accurate picture of the performance deficiency so that the individual’s performance might be corrected or the employee can begin looking for work elsewhere. Finally, from our perspective, if the personnel file is appropriately maintained, we can’t think of a logical reason why the employee should not see the file.

Be sure to examine the file prior to allowing the employee to review its contents and purge any documents that may not be appropriate for a personnel file.

Should the employee wish to copy the contents of the file, most companies agree to provide a copy at the employee’s request. Some companies charge a nominal fee to cover the costs related to making the copy of the file.

How long should documents remain in personnel files?

The period of time that personnel records must be retained depends on the specific record. If you have questions about retention, feel free to contact us by email.

When was the last time your organization had its temperature taken?

When was the last time you asked your employees about how things are going in your company? Taking the pulse of your organization through regular employee opinion surveys is a tremendous tool for facilitating organization growth and success.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.

Scheduling and the exempt employee

Questions often arise regarding work schedules for exempt employees. According to the Department of Labor, employers:

• MAY require exempt employees to work specified work schedules,
• MAY require exempt employees to track hours worked, and
• MAY require exempt employees to make up un-worked hours.

Any or all of these work rules may be adopted without invalidating the employee’s exemption status.

It should be noted that while an employer MAY discipline employees for failure to comply with these matters of policy, the employer MAY NOT dock the employee’s pay without losing the exemption.

The DOL has stated that the Fair Labor Standards Act provides a complete minimum wage and overtime pay exemption for any employee employed in a bona fide executive, administrative, or professional capacity. An employee may qualify for exemption if all of the pertinent tests relating to duty, salary level, and salary basis are met.

“An employee will be considered to be paid on a ‘salary basis’ within the meaning of these regulations if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee’s compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. Subject to the exceptions provided in the rule, an exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked.

“Exempt employees need not be paid for any workweek in which they perform no work.

“An employee is not paid on a salary basis if deductions from the employee’s predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.”

According to the DOL, the number of hours worked by exempt employees and the scheduling of those hours is a matter left to the employer.

An employer may require an exempt employee to record and track hours and to work a specified schedule without affecting the employee’s exemption status. So long as the company does not dock the employee’s pay for violating these rules, the exemption remains valid.

When was the last time your organization had its temperature taken?

When was the last time you asked your employees about how things are going in your company? Taking the pulse of your organization through regular employee opinion surveys is a tremendous tool for facilitating organization growth and success.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.

Keep violence out of the workplace!

With a contentious political environment and consumer confidence at new lows, employees are feeling tremendous insecurity about their jobs and their futures. During periods of political and economic uncertainty, violence tends to rise in the workplace. It is critical that managers and supervisors vigilantly guard against violence.

Frequently, there are obvious signals given by employees, customers or venders prior to committing acts of violence. An individual who exhibits some of the following warning signs may have a propensity for violence and should be monitored by management.

• Exhibits argumentative or uncooperative behavior;
• Holds grudges, especially against supervisors;
• Has a history of interpersonal conflict;
• Has been fired or laid off or is expecting to be soon;
• Engages in physical or verbal intimidation;
• Has alcohol or drug abuse problems;
• Has a fascination with weapons;
• Has difficulty controlling temper;
• Becomes irritated easily;
• Displays decreased social connections;
• Has asked for help in the past, but did not receive it;
• Is experiencing a personal crisis such as divorce or the death of a loved one.

While these warning signs by themselves may not indicate violence, managers must determine the overall impact of these behaviors on the organization and initiate action accordingly. Threats of violence, temper tantrums or other irrational behavior should be reported to management immediately.

Strategic planning is essential
To succeed in business today, organizations must align their energy and resources to meet the changes forced on them by a dynamic market. Strategic planning is the process that ensures all stakeholders are working together to create the competitive advantage that enables the organization to thrive in the midst of chaos. Through strategic planning, BAI assists organizations implement a process in which tactical goals are clarified and linked to the business outcomes that drive organization success.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.

PLEASE—document employee discussions

For years we have regularly encouraged you to carefully document your discussions with employees. While there are a variety of practical reasons to document employee discussions, the bottom line is that good documentation is an integral part of good management whether you are dealing with processes, policies or people.

When documenting employee-related issues remember the following:

• Document your discussion in a timely manner. That means you should sign and date the document. (DO NOT back date a document after the fact.)
• Stick to the facts—the who, what, where and when of the issue.
• Focus on how the employee’s behavior relates to company policy. If the employee violated policy, state the policy that was violated and how the violation occurred.
• Avoid including your opinions or impressions.
• Avoid legal language or conclusions.
• Avoid inflammatory language or moral judgments.
• Avoid medical language or diagnosis.
• If performance changes are required, clearly identify the changes needed and the timeframe provided to achieve acceptable performance.
• If the discussion is disciplinary in nature, have the employee sign the document. Although this is not required, it establishes clearly that the employee was notified of performance deficiencies.
• Give the employee a copy of the document to ensure he or she clearly understands the issues discussed and the performance requirements.

Customer service is the name of the game
To be successful in today’s dynamic business environment, every member of an organization must understand who the customer is and how to address the customer’s needs. Keeping Contented Customers is a BAI seminar that provides a useful framework to help all employees identify and support their internal and external customers.

To learn more about this and other BAI services and workshops, call us today at 801.444.9919.