October 2013 Newsletter

Welcome to the Four Point HR Newsletter

If Employees Work Overtime, Pay Them For Overtime Work

Litigation today remains strong around many Employment Laws.  One particular law has been in place since 1938, when the Fair Labor Standards Act was passed.  The FLSA sets standards for the basic minimum wage and overtime pay for nonexempt employees.

It happens to all of us. We introduce a new process in our business, or we train our employees on new technology.  The end result can be that our employees work more hours as they complete their regular tasks, and learn a new process.  Or, the regular workload simply takes longer as employees begin to implement the new process that they have learned.  These are natural outcomes and often they require the payment of overtime wages while employees come “up to speed” with the new workflow.

Be sure that the message you send to employees when you talk about new processes, and how much they mean to your business long term, also includes the fact that some overtime work will be expected.  This informs your team that they may be working longer hours, and that you will pay them for that effort.  Even if you do not have a new process to assimilate into your business, you may simply have new clients or customers that generate more work.  Until you get new employees in place, make sure that your existing employees know that you are prepared to pay overtime until you have added staff, and the new team member has been trained.  Communicating early and positively about what is expected, and what you plan to do about the extra work makes sense, but it’s also good business when dealing with your employees.

Making statements about additional work with no mention of overtime pay, OR, making comments like:  “We cannot afford to pay overtime”, sends a message that may inadvertently be read by an employee as:  “Don’t record any overtime hours, because we are not going to pay you for it.”

To avoid any kind of audit or questions about this kind of legal issue, make sure all Supervisors and Mangers know that if additional work is required of any non-exempt employee, that the employee should record overtime hours and be paid time and one half for any time over 40 hours in a work week.

Finally, if you must restrict overtime hours, make sure that your policies are clear and that you will pay employees for additional hours worked, but that you require approval from Supervisors or Mangers before an employee works any overtime hours.

If you should have questions about overtime hours or pay, please feel free to contact Kathryn Schene, Director of Human Resources, to answer any questions you may have.

OSHA And The Joint Commission Renew Alliance To Protect Health Care Workers

The Occupational Safety and Health Administration renewed its alliance with The Joint Commission to provide information and training resources that will help protect the safety and health of health care workers. Through the alliance, OSHA and TJC will address ways to reduce and prevent worker exposure to physical, chemical, biological and airborne hazards in health care and address emergency preparedness.

“Health care workers face serious risk of work-related injury and illness,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Through this Alliance, we will continue to work together with TJC to provide information and education to the health care industry on preventing worker injuries and illnesses in hospitals and nursing homes. The alliance will also focus on helping the health care industry recognize the close link between improving patient safety and improving worker safety.”

TJC evaluates and accredits more than 20,000 health care organizations and programs in the United States. As part of the alliance, OSHA will work with Joint Commission Resources, the official publisher and educator of TJC, to provide members and others with information, guidance, and access to training resources that will help them protect the health and safety of workers and understand the responsibilities of employers under the Occupational Safety and Health Act.

OSHA and TJC will work together to raise awareness of the agency’s rulemaking and enforcement initiatives, and share information on occupational safety health laws and standards, including the rights and responsibilities of workers and employers. Outreach and communication resources will focus on the recognition and prevention of workplace hazards in the health care industry.

Source: OSHA

The Government Shut Down – What Does It Mean For Your Business

The overall cost of the government shutdown has been estimated at $300 million a day. The impact of the shutdown will be more severe the longer it lasts and more and more businesses will feel the affected. Here are a few considerations:

  • SBA Loans: In the weeks approaching the shut down, the Small Business Administration received an onslaught of applications. The SBA shut down completely so none of the loan applications will be reviewed or processed. Companies currently receiving SBA loans will not be affected.
  • Tourism: Tourism will likely take a hit as national parks and monuments remain closed. Overnight visitors were given 48 hours to leave and future visitors are cancelling. This directly affects the businesses and hospitality industry surrounding these locations.
  • Reduced Spending: Furloughed workers will naturally pull back on their spending. Uncertainty often results in overall cautious spending which directly affects local business.
  • Hiring Delays: Depending on the length of the shutdown, companies planning on adding to their employee rosters will often hold off.
  • Illness: Worker absences may rise as the CDC flu shot program is shut down.
  • E-Verify: The government’s online E-Verify system, which enables businesses to determine whether potential hires can legally work in the U.S., went offlin

Payroll: Child Support Process

The impact that child support plays in our country more evident than ever today with the rising number of younger parents and the higher divorce rates. Child support payments help create a stable environment for single-parent American families.

Payroll providers ensure that families receive the child support payments legally due to them. Payroll professionals carry out court ordered withholdings and medical support. If an employee has health insurance through your company, dependents will be enrolled if ordered to do so.

Direct withholding helps reduce stress for parents who owe child support as well as for the families who will receive those funds. Withholding and/or deducting the payments directly from the employee’s pay and sending them to the proper recipient, usually requested state child support disbursements unit, relieves employee’s and employers that custodial parent is receiving funds on time.

In turn, taxpayers benefit as well from the direct withholding process. Direct withholding positions the payment process directly and removes the opportunity for vanished parents to neglect payment responsibilities. Far too often, families that do not receive child support payments are forced to seek public assistance funded by taxpayers. Single-parent homes that receive child support payments are able to remain financially independent from public assistance.

For more information click here

Employees Prefer Direct Deposit

According to an American Payroll Association (APA) survey fielded in September 2013, U.S. employees are increasingly paid electronically rather than via the traditional paychecks or cash. The survey, entitled Getting Paid In America, shows ninety-seven percent of our nation’s employees are paid by direct deposit or a prepaid reloadable card. Eighty-three percent of participants indicated their employers have an online self-service portal that gives access to paystubs, W-2’s, and address changes. This electronic trend is quickly becoming the norm.

Electronic payroll services have gained popularity because it is helpful for employees who have work schedules different from the traditional 9-5 day. Prepaid reloadable cards and direct deposit are much safer than having cash or live checks and the pay time more consistent than a live check sent through the mail.

The APA is the nation’s leader in payroll education, publications, and training. Visit APA online at www.americanpayroll.org.

Upcoming October Events – Free Webinars

MANAGING COMMUNICATION WITH EMPLOYEES

Wednesday, October 9, 2013, 2:30 – 3:30 PM EST

Kathryn Schene – Director of HR, Four Point HR

This webinar looks at communication between Managers and employees from their first day through basic employee Counseling. It seeks to remind Managers about the important steps to follow during a new employee’s first day and week, and then moves on to holding employees accountable through meetings, and finally reinforces the importance of Coaching and Counseling.

Register here: https://student.gototraining.com/r/3765120690143717888

A QUICK REFERENCE GUIDE TO CORRECTIVE ACTION

Wednesday, October 23, 2013, 2:30 – 3:30 PM EST

Kathryn Schene – Director of HR, Four Point HR

Corrective Action is a specific plan that outlines behavior that is unacceptable and specifically describes desired behavior. Webinar agenda includes:

  • What Is Corrective Action
  • When Is It Time to Start a Plan
  • How Do We Get Started
  • The Quick Reference Guide

Register here: https://student.gototraining.com/r/9168030669081517312

For Our Clients

We have set up a new email address for our clients: riskmanagement@fourpointhr.com. Clients should use this email address when:

  • Requesting a workers’ compensation certificate of insurance
  • Reporting all employee work-related claims
  • Emailing all claims documents and updates
  • Requesting any information, letters and documents concerning loss runs, experience rating, classification and employee coding.

Blog Corner: Give Constructive Criticism

Finding a balance between the need to coach and support and our desire to correct and improve can be difficult.  Truly constructive criticism is honest and diplomatic and believable. You can achieve the response and achievement desired by:

  • Separating the person and their personality from the critique. In other words, criticize the actions and not the person.
  • Keeping emotion out of the conversation.
  • Using the proper tone and language.
  • Being empathetic but not apologetic.
  • Having the facts correct.
  • Focusing on the solution.
  • Allowing time for the person to respond during the conversation.
  • Describing what you have seen or experienced.
  • Avoiding overload.
  • Focusing only on things that can be changed.
  • Ending the conversation on a positive note.