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.