Estimated reading time: 4 minutes

Organizations are seeing increased activity in the area of employment law these days. In 2023, we talked about several labor law poster changes. As well as an increase in union organizing activity. That doesn’t include all the typical compliance matters like anti-harassment training and compensation administration (just to name a few). 

It’s important for organizations to maintain compliance. Not only does it help the organization reduce fines for non-compliance but it’s just the right thing to do. And don’t forget the positive impact on the employee experience.

Here are a few articles we published in 2023 as a reminder of the compliance matters organizations should be paying attention to. 

Employment Tax Processing: Just Because You Can Doesn’t Mean You Should

We all know that organizations are very focused on efficiency. Truth is, they always have been. But efficiency doesn’t always mean doing everything yourself. This is a great time to explore the options that are available in terms of filing employment taxes. Everyone wants the same thing – to pay our tax obligations on time and pay the right amount. The good news is we don’t have to (and shouldn’t) figure it out all by ourselves. 

Fair Labor Standards Act (FLSA) Labor Law Posters

Just in case you missed it, President Biden signed the Consolidated Appropriations Act of 2023 on December 29, 2022. The Act has several components including: Pregnant Workers Fairness Act (PWFA), telehealth benefits, Setting Every Community Up for Retirement Enhancement (SECURE) 2.0 Act, and Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. With the PUMP Act, organizations need to update their federal labor law posters. 

How to Manage Employment Law Posters

In addition to placing your company at risk of legal fines and penalties, a real breakdown of trust can happen if an employee discovers that the organization isn’t maintaining employment compliance. An employee will start thinking, “If the company didn’t tell me about this, what else haven’t they told me?” Having a process in place for employees to receive the required employment law notices tells employees that the organization cares about doing the right thing. 

Employees Are Unable to Identify Sexual Harassment

According to a study from Cornell that showed seven scenarios to workers in industries with high rates of complaints, only 6% were able to correctly identify the seven situations as sexual harassment. Organizations should have a comprehensive compliance strategy that includes more than just an anti-harassment policy. They should have a communications plan in place, so employees know what to do when they have questions and concerns. And they should give employees training so there is no question about what appropriate behaviors are and what to do if they see something that should be reported. 

How to Learn More About Labor Relations

When it comes to labor relations, one of the first things that individuals need to know is what legislation governs your industry. For instance, many organizations are governed by the National Labor Relations Act (NLRA). But some industries – like transportation – are governed by the Railway Labor Act. And if you’re in the public sector, the rules are different as well. So, understanding the rules is step one. 

Being Proactive is Key When it Comes to Employment Law Compliance

Being able to take a more proactive approach to compliance can reduce any liability (i.e., fines and penalties) for non-compliance. And it shows everyone that the organization places an emphasis on following the law. 

If you’re looking for some resources to stay current when it comes to employment laws, specifically on the topic of pay transparency, attorney Kate Bischoff recently partnered with our friends at UKG on a white paper titled “2024 Employment Law Forecast”. It has great information to review as you’re putting your compliance strategy together. It could also be helpful to distribute this around the office so the operation keeps it top of mind as well. 

But it got me thinking. Wouldn’t it be great if we had a way to know about labor law changes sooner? The faster organizations become aware of changes in legislation, the faster they can put a compliance plan in place. Well don’t forget that our friends at HRdirect have introduced a new Employment Law Alert Service. This is an annual subscription service that will keep your organization informed of recent employment law changes on a federal, state, county, and city level. 

Compliance is always going to be a part of human resources. And that’s okay. The goal is to stay informed of employment laws, communicate changes, and maintain compliance. There’s no rule that says we have to do these things all by ourselves. We can partner with trusted sources to make our compliance strategy more effective and efficient.

Image captured by Sharlyn Lauby after speaking at the Flora Icelandic HR Management Conference in Reykjavik, Iceland

The post HR: Expect More Employment Law Changes in 2024 appeared first on hr bartender.

Estimated reading time: 5 minutes

The title of today’s article might seem a bit obvious. But it’s not intended to say that organizations are intentionally trying to get away with something when it comes to employee compensation and benefits. The title of today’s article is a reminder that when it comes to employee pay, there’s a lot of information to keep track of. And it’s changing all the time. 

I wanted to do a roundup of the articles we’ve published this year that reference employee pay, specifically focused on making sure that employees are paid equitably and in compliance with federal, state, and local laws. 

Just a reminder, in Season 2 of the HR Bartender Podcast, I chatted with Brian Reaves, UKG’s executive vice president and chief belonging, diversity, and equity officer about a research report from UKG and Harvard Business Review on pay equity. I hope you’ll check it out when you have a moment. 

There Is More to Equity Than Just Pay Equity

It’s time for organizations to realize that pay equity isn’t the only equity we need to be addressing. The Centers for Disease Control (CDC) define health equity as the state in which “every person has a fair and just opportunity to attain their highest level of health”.  Some of the reasons that we’re not seeing progress with health equity involve other inequities like to education, employment, food, social relationships, etc.  It’s a complex topic that involves many other factors and deserves our attention.

Employers: Pay Transparency Might Apply to Your Current Employees

I’d like to think that most organizations know about the wave of pay transparency laws that are being enacted around the United States. But I read an article in the Foley & Lardner LLP newsletter that caught my attention. It was about pay transparency laws applying to current employees. It’s important for employees – at every level – to understand how pay works. And a big part of that is knowing what the pay range is for the job. And frankly, employers should want employees to understand their compensation as part of financial wellbeing.

Everything Organizations Should Know About the Work Opportunity Tax Credit (WOTC)

First created by Congress in 1996, the WOTC is a federal tax credit available to employers who invest in American job seekers who have consistently faced barriers to employment. The targeted groups include qualified veterans, ex-felons, qualified Supplemental Nutrition Assistance Program (SNAP) benefit recipients, qualified Supplemental Security Income (SSI) recipients, and qualified long-term unemployed just to name a few. 

I wanted to mention this article about the WOTC today because employers can receive a tax credit of up to $9,600 per qualified new hire, which is equal to 40% of the new hire’s qualified wages, provided the new hire works at least 400 hours during their first year of employment. The Work Opportunity Tax Credit can help talented people get jobs and provide organizations a tax credit for doing it. 

Wage Garnishments: Manage Them Effectively, Efficiently and With Empathy

Organizations are very focused on being effective and efficient. This is a common conversation when it comes to technology and compliance. Let the technology do what it does best, and HR will focus on what it does best. This same philosophy applies to wage garnishments. Find a solution that does garnishments well so HR can spend their time focused on the employee experience. 

Wage garnishments happen more than we might think. In the white paper “The U.S. Wage Garnishment Landscape: Through the Lens of the Employer”, they report that 1 in 14 employees is subject to some form of wage garnishment. The most common type of garnishment is related to child support (50% +) with tax levies being second (19%). The report indicates that the highest number of garnishments are employees between the ages of 35 and 54. This group also has the highest wage garnishment rate. And approximately one in one hundred people have more than one garnishment. 

Fiduciary Responsibilities Under Employee Retirement Plans

Employee benefits, including retirement benefits, are both important and complex. If you’re not aware, organizations and HR departments have what’s called a “fiduciary responsibility” when it comes to employee retirement plans. We often tell employees that their benefits package is a part of total compensation, which is true. But that also means we need to get it right. No one likes having their pay messed with. 

If you’re saying to yourself, “This is great information. We definitely need to stay on top of our obligations and do the right thing for our employees. But where should we start?!” It’s a great question. The answer might be to conduct an internal audit.

It Is Time to Schedule a Minimum Wage Audit – 3 Important Steps

In the United States, the federal minimum wage is $7.25/hour. It’s been that since July 2009. However, there have recently been a TON of changes to the minimum wage on a state and local level. Minimum wage laws are changing regularly. Dare I say frequently.

The last thing any company wants is to be considered “out of touch” because they don’t know what the current minimum wage is for employees. Beyond appearing to be clueless, companies can’t afford to risk the potential wage and hour or Fair Labor Standards Act (FLSA) lawsuits from their employees. 

As we’re getting ready for the new year, this is a perfect time to do an audit, get reliable information about compensation compliance, and put a plan in place. Organizations do not want to make mistakes when it comes to employee pay and benefits.

Image captured by Sharlyn Lauby while exploring the streets of Fort Lauderdale, FL

The post Employee Pay Should Be Equitable and In Compliance With the Law appeared first on hr bartender.

Estimated reading time: 8 minutes

Not a day goes by without some news about artificial intelligence (AI). The latest being the ouster – and return – of OpenAI CEO Sam Altman. The world of AI is exciting, dynamic, and full of potential. Just like human resources. Artificial intelligence is changing our jobs and the HR function. 

Regardless of where you and your organization are regarding AI adoption, it’s important to stay on top of the latest developments. That’s why I asked my friend Carrie Cherveny, chief compliance officer and senior vice president of strategic solutions at HUB International to share her insights with us today. In her role, Carrie works with clients to develop strategies that ensure compliance and risk mitigation when it comes to benefits and employment practices.

Carrie, thanks for being here. Why should human resources professionals embrace artificial intelligence (AI)?

[Cherveny] AI can be used to automate many of the more arduous or mundane processes. That will free up HR to have more meaningful and impactful employee interactions. Let’s replace the hours of work that don’t move the needle with hours of work that can truly improve employee retention and workplace culture.  

• Automate mundane and repetitive tasks
• Data reporting and analysis – dashboards and data summaries – in today’s data driven environment, pivot tables and Excel tools may fall short. Use AI to pare down large volumes of data, such as executive reports and dashboards.
• Build visually pleasing presentations 
• Conduct research – using AI as part of a multi-pronged research project can improve efficiency and reduce research time – however, remember that you should always validate any of your Artificial Intelligence research results (see cautionary tale here).
• Respond to simple employee inquiries – AI can be a great tool to get you started, whether drafting a response to an employee inquiry or composing a speech or a presentation.  

As part of our interview, I asked ChatGPT “How can AI help human resources professionals do their jobs?”. Here are some excerpts from its answer: 

Recruitment and Talent Acquisition:

• Resume Screening: AI can automate the initial screening of resumes, saving time and ensuring a more objective process.
• Candidate Matching: AI algorithms can analyze candidate profiles and match them to job requirements, improving the accuracy of shortlisting.
• Chatbots for Initial Interaction: AI-powered chatbots can engage with candidates, answer FAQs, and collect basic information, streamlining the initial stages of the recruitment process.

Employee Engagement:

• Pulse Surveys and Feedback Analysis: AI tools can analyze employee feedback from surveys, performance reviews, and other sources to provide insights into engagement levels and areas for improvement.
• Personalized Learning and Development: AI can recommend personalized training and development plans based on employees’ skills, performance, and career goals.

Employee Relations:

• Chatbots for HR Support: AI-powered chatbots can handle routine HR queries, allowing HR professionals to focus on more complex and strategic issues.
• Sentiment Analysis: AI can analyze communication channels to gauge employee sentiment, helping HR address potential issues before they escalate.

It’s important to note that while AI can greatly enhance HR processes, it should be used as a tool to support human decision-making rather than replacing human judgment entirely. Additionally, ethical considerations, transparency, and data privacy should be prioritized when implementing AI in HR.

Artificial Intelligence can be useful and helpful, when used appropriately. 

Should HR pros be concerned about AI replacing them? Why or why not?

[Cherveny] AI can never replace our critical and dynamic thinking, professional judgment, and consulting acumen. However, AI is here to stay. HR should embrace its functionality while still monitoring and modifying any outputs generated by technology. While it may enhance efficiency and productivity, it will never replace the important service HR provides their organizations. 

Maintaining a balance between leveraging technology and maintaining human connections is key to delivering exceptional employee relations experiences. In fact, the U.S. Department of Labor (USDOL) is likewise concerned about displaced workers as a result of AI. In its Executive Order, the White House has instructed the USDOL to develop a plan for how federal agencies can prevent unnecessary job elimination or displacement and assist workers whose jobs are eliminated or disrupted by AI.

Moreover, many of our federal laws implicitly require the involvement of people. For example, AI can never replace the interactive process required under the Americans with Disabilities Act (ADA). Human resource pros must engage in a collaborative and interactive conversation with an employee seeking a workplace accommodation. HR pros must assess the employee’s position and his/her medical limitations to identify a reasonable accommodation (if any). Likewise, Artificial Intelligence cannot replace a human being when interviewing a candidate that may have a speech impediment or accent that may skew an AI-based interview. Keeping the ‘human’ in HR is essential.

The Equal Employment Opportunity Commission (EEOC) has provided robust guidance along with examples of the role HR must continue to play in the employment relationship. For example, a prospective employer may utilize an AI based applicant screening program in a gaming environment – an otherwise qualified applicant whose generation is not familiar with this environment may perform poorly. The prospective employer should have a checks and balance or audit system in place to ensure that the otherwise qualified candidates were not screened out by the AI because they performed poorly based on their age (i.e. disparate impact and age discrimination). 

AI should never go unchecked. Individuals utilizing AI must consistently perform oversight, review, and audit AI output. Individuals must ensure that the AI output is accurate, reliable, and nondiscriminatory. Embracing AI also requires continuous training, education, and upskilling. As HR pros we should invest in developing our understanding of AI technologies, their applications, and their impact on our field. This enables us to leverage AI effectively, adapt to emerging trends, and remain competitive in the evolving consulting landscape.

HR should always be transparent when using AI. It’s important to be sure that the HR ‘customer’ (whether employee or job applicant) knows when AI technology is being used and how to get to a live human. For example, if a candidate requires an accommodation for an interview, they should have ready access to a member of HR to request that accommodation. 

Interestingly even the ChatGPT answer warns that HR should not rely solely on the AI results and must be sure to check and balance the results. It also likewise warns that HR should be transparent when using AI. 

You mentioned the relationship between HR, compliance, and Artificial Intelligence. Do you see AI becoming “regulated”, meaning that HR pros will need to ensure that organizations are compliant using AI? And if so, what aspects of HR might be subject to AI compliance?

[Cherveny] The government involvement has begun! For example, the White House has issued the “Blueprint for AI Bill of Rights” (see graphic above).

The White House has also recently issued an executive order requiring government agencies to address the limitations and controls around the use of AI. The executive order creates new government offices and task forces, requiring each federal agency to appoint a Chief AI Officer and help staff a new White House AI Council. The federal government is especially concerned about AI infringing on workers’ rights and discrimination. Likewise, data and cyber security are important considerations when it comes to AI. The government is especially concerned about the nature of the data loaded into an AI platform and the cyber and data security in place to protect that information. HR should be prepared to include these questions in any technology due diligence it performs. 

Each federal agency charged with overseeing employer-employee relationships has issued various forms of guidance and caution regarding the use of AI in the workplace: 

• U.S. National Labor Relations Board issued a general counsel memo regarding the use of AI for employee surveillance.
• U.S. Department of Labor is holding ‘think tanks’, providing thoughts and guidance in its blogs regarding the use of AI in the workplace along with an ADA AI Toolkit.
• U.S. Equal Employment Opportunity Commission is providing robust and detailed guidance regarding Title VII, discrimination, disparate impact, and ADA.

Last question. For organizations that are still new to using AI, where’s a good place for them to start? 

[Cherveny] For organizations interested in implementing AI technology in human resources it first becomes important to understand the guardrails. Becoming familiar and well versed in the federal agency guidance is your first order of business. Understanding where, when, and under what circumstances AI may be appropriate, and more importantly, inappropriate, is an imperative initial measure to take. 

From there, HR pros should learn the technology landscape. Becoming acquainted with the AI and technology capabilities of HRIS and other relates systems is essential to understanding how AI may be helpful in their organization. Understanding the technology capabilities will help HR pros better understand how they can automate some of their most mundane and rudimentary tasks. 

Once HR has chosen their AI technology programs, they must set up a checks and balance or audit system. For example, validating the candidate screening results of a chatbot AI initial interview. HR should be sure that the AI recommended candidates are in fact, the most qualified of the applicants. For example, did the AI filter out candidates who had language or grammar issues because English is a second language, and those skills are not essential for the position? 

As always, a want to extend a huge thanks to Carrie for sharing her knowledge with us. If you want to learn more about the connection between HR and AI, check out HUB’s recent webinar on “Humanizing HR in the Age of AI”.  

Carrie is spot on when she says, “AI is here to stay.” As HR professionals, we need to learn about AI’s capabilities, both from a standpoint of where it can enhance and bring value to our work as well as those actions that might detract from our goals. That’s why staying on top of what’s happening is so important. Because we need to prepare for a future that includes artificial intelligence. And that means we need to have an opinion about it. 

The post Artificial Intelligence: What HR Pros Can Do to Prepare For the Future appeared first on hr bartender.

Estimated reading time: 5 minutes

(Editor’s Note: Today’s article is brought to you by our friends at Poster Guard^© Poster Compliance Service from HRdirect, the leading labor law poster service that gets your business up to date with all the required federal, state, and local labor law postings, and then keeps it that way – for an entire year. Enjoy the article!)

A couple of weeks ago, I shared with you an article highlighting how different industries have different labor law posting requirements. It’s very easy to dismiss warnings about labor law posters with “Oh, we have all the right ones.” or “There will be headlines everywhere when our posters need to be updated.” That’s simply not true. 

While I’m not saying that government agencies are out to catch organizations that aren’t in compliance, it’s important to realize that in today’s fast paced business world, there’s no guarantee that labor law posting updates are going to automatically move into the trending topics section of your favorite social media platform.

So today, I wanted to build on the conversation we had about the different industry requirements to talk about how labor law posters have some unique requirements for certain employee groups. 

Group #1: Postings for Job Applicants. Don’t Assume Labor Law Postings are Only for Employees.

We have a tendency to think of labor law postings as being just for our employees. Truth is, four of the six mandatory federal postings apply to applicants as well. There are also state and local requirements. Physical postings must be displayed for applicants that come into your work location for interviews, pre-employment testing, or any part of the hiring process. By law, applicants must be able to view these federal postings in your business:

• Equal Employment Opportunity Commission (EEOC)
• Employee Polygraph Protection Act (EPPA)
• Family and Medical Leave Act (FMLA)
• Uniformed Services Employment and Reemployment Rights Act (USERRA)

And if your organization accepts online applications, there needs to be a way for applicants to view them there too. In an article on Yahoo Finance, 99% of Fortune 500 Companies are using applicant tracking systems (ATS), and 75% of recruiters are using an ATS to some extent. As organizations take more of their processes online, they need to be prepared to take their compliance online as well. 

Group #2: Spanish Language Postings. Don’t Assume Spanish Language Postings Only Apply When You Have Spanish Speaking Employees.

As of July 1, 2021, the U.S. Census reports that the Hispanic population of the United States was 62.6 million, making people of Hispanic origin the nation’s largest ethnic or racial minority. There are thirteen states with a population of more than one million Hispanic residents: AZ, CA, CO, FL, GA, IL, NJ, NM, NY, NC, PA, TX, and WA. 

Twenty-one (21) states and territories are required by law to have certain labor law postings in English and Spanish, regardless of the composition of the workforce. Additional laws apply if you have locations with a significant number of Spanish-speaking employees who are not proficient in English. Those locations must post certain federal labor law postings in both English and Spanish. Though not mandatory, it is in your best interest to display all of the state posters in English and Spanish in those locations as well.

Organizations cannot assume that, if they do not have Spanish-speaking employees, they don’t need Spanish language posters. Also, they cannot assume if they have bilingual employees that they don’t need Spanish language labor law postings. 

Group #3: Postings for Remote Workers. Don’t Assume that Labor Law Postings are Only for Onsite Work Environments

In an article on Forbes, they reported that 12.7% of full-time employees work remotely and 28.2% work in a hybrid model. We all know the reasons that working remotely is popular for both organizations and employees. 

On the organization size, it reduces the costs for commercial office space and decreases our carbon footprint. From the employee perspective, it reduces the cost of commuting and can offer greater work / life balance. In an article from the Society for Human Resource Management (SHRM), remote employees are more productive and save companies billions. While the SHRM article is a few years old, it does have some interesting statistics about the cost of allowing employees flexibility.  

Organizations with a remote workforce need to audit their processes to ensure everyone has access to labor law postings. There are U.S. Department of Labor (USDOL) opinion letters and court cases have determined that electronic notices are a reasonable alternative for remote employees. 

Close the Compliance Gap with Your Labor Law Postings

I’d like to think that organizations know they need to have labor law postings. But I can also see organizations forgetting to take the extra steps with applicants, Spanish language postings, and remote employees. 

But the good news is that organizations don’t have to spend hours researching this information. Our friends at Poster Guard have a Labor Law Poster Service that will do it for you. Yes, that’s correct. Poster Guard monitors labor law requirements (at the federal, state, and local level) and lets you know when things change. They also provide you with replacement posters every time there’s a change FREE of charge! And, they provide a 100% guarantee that the posters are in compliance or they’ll pay the fine. 

Oh, and one more thing about the service. It includes foreign language postings, if required for all employers, regardless of the languages spoken in the workplace. 

Honestly, this is a no brainer for me. As a HR professional, I have so many other things I need to spend my time on than researching labor law posting requirements. Personally, I would much rather have a professional service do what they do best, which frees up my time to recruit, engage, and retain the best employees.

The post 3 Employee Groups with Unique Labor Law Posting Requirements appeared first on hr bartender.

Estimated reading time: 6 minutes

(Editor’s Note: Today’s article is brought to you by our friends at Poster Guard® Compliance Protection, a division of HRdirect and the leading labor law poster service that gets your business up to date with all required federal, state and local labor law postings, and then keeps it that way — for an entire year. Enjoy the article!)

A few months ago, I published an article about three new labor law poster changes that have been implemented lately. Quick FYI – the three changes are the Pregnant Workers Fairness Act (PWFA), the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, and the EEOC Know Your Rights. I hope you’ll check it out when you have a moment. 

Today, I’d like to offer a friendly reminder that when we’re thinking about labor law postings, not every organization is the same. Some industries have specific labor law posting requirements that companies need to know. Here are three examples of industry specific labor law postings that organizations need to remember. 

If the organization has government contracts, don’t forget your federal contractor postings.

According to the U.S. Treasury department, the United States government spent $6.13 trillion (and that’s not a typo) this year. While a big piece of government spending goes towards programs like Social Security and Medicaid, billions of dollars end up with private sector companies. And as you would expect, a big chunk of those billions go to defense contractors. 

However, according to the Small Business Administration (SBA), 23% of government contracts are targeted for small businesses. Meaning we can’t make the assumption that only big businesses are federal contractors. Many different types of organizations have contracts with the government: financial institutions, technology companies, non-profits, auto dealers, retailers, service establishments, etc. If your organization is a federal contractor, there are posting requirements. Here’s a sampling of the ten common federal contractor posters:

• Department of Defense (DOD) Hotline 
• Department of Homeland Security (DHS) Hotline
• E-Verify
• Minimum Wage
• National Labor Relations Act (NLRA)
• Notice to Workers with Disabilities
• Paid Sick Leave
• Pay Transparency Statement
• Right to Work
• Walsh-Healy Public/Service Contracts

This goes without saying, but I’ll say it anyway, the penalty for non-compliance isn’t just a fine. It could include losing a government contract. I’d like to think that, if your organization has a nice contract with the government, it makes good business sense to maintain compliance and keep it that way. 

Different industries have different posting requirements. All organizations are not the same.

Currently, there are six federal labor law posters that most organizations are required to post.

1. Employee Polygraph Protection Act (EPPA)
2. Equal Employment Opportunity Commission (EEOC)
3. Fair Labor Standards Act (FLSA)
4. Family and Medical Leave Act (FMLA) 
5. Occupational Safety and Health Administration (OSHA)
6. Uniformed Services Employment and Reemployment Rights Act (USERRA)

Certain types of organizations have additional posting requirements. For example, organizations in the hospitality industry might have requirements to post information about alcohol service, CPR and choking assistance information, and notices for tipped employees. 

In addition, health care organizations might have up to 18 additional notices covering areas such as biohazard materials, radiation areas, and Health Insurance Portability and Accountability Act (HIPAA) Notice of Privacy Practices. 

And, public-sector employee notices include whistleblower protections, right to know postings, and information about electronic monitoring. Government agencies also have their own unique versions of the OSHA and FLSA. The takeaway here is that even when it comes to federal posting requirements, we cannot assume that all organizations are the same. 

Organizations that have their federal and state postings, but not their industry specific ones, are still at risk.

It might be tempting to think that the organization doesn’t need to spend a lot of time worrying about the “labor law poster police” because the company can simply pay the fine and move on. Someone might say, “So, what’s the big deal if the company doesn’t have their industry postings?” Let’s remember that the purpose of labor law postings is to inform employees of their legal rights (and responsibilities) under federal, state, and local law. 

Sadly, I’ve actually heard senior leaders suggest not putting up posters because they were “ugly”. Thankfully, the organization came to their senses and realized they needed to focus on the purpose of the posting and their responsibilities as an employer. 

The reason I wanted to mention the ugly poster comment is because I’m not naive. I realize that organizations might have plenty of money to pay a fine. The question becomes do organizations want to pay two fines? Six fines? Ten fines? I spoke with Ashley Kaplan, Esquire, senior corporate counsel for HRdirect, and she told me that the fines for a federal notice violation could be as much as $41,000+ per location. So, let’s say that you’re an auto dealer with 4 locations that services government vehicles. That puts your risk potential at $160,000. Not to mention increased legal exposure in employment litigation and negative public relations if job candidates and employees found out about the incident. 

Stay in Labor Law Posting Compliance

What amazes me about these industry-specific labor law posting requirements isn’t that labor law compliance is complex. Staying current with legislation is complex in general. The amazing part to me is that organizations don’t look for ways to make the process easier. 

Our friends at Poster Guard have a Labor Law Poster Service that will do it for you. Yep, that’s right. Poster Guard monitors labor law requirements (at the federal, state, and local level) and lets you know when things change. In addition, they have an add-on service that covers industries like healthcare, hospitality, and the public sector. 

Poster Guard extends a 100% guarantee that all posters are compliant – or they’ll pay any government fine due to improper posting content. But to me, the best part of the service is that for an entire 12 months, you get new posters every time a mandatory change occurs … automatically and at no additional cost. 

One of the biggest business lessons I’ve learned over the years is just because I could do something doesn’t mean I should. Spending huge amounts of time on manual tasks keeps me from other activities like recruiting, engagement, learning, and retention. The same applies to other organizations. Spending lots of time manually tracking labor laws keeps the organization from their customers. That has a direct impact on the bottom-line.

The post Different Industries Require Different Labor Law Postings appeared first on hr bartender.

Estimated reading time: 4 minutes

(Editor’s Note: Today’s article is brought to you by our friends at HRdirect, a trusted source for employee-related compliance, administration, and motivation tools. They serve as a one-stop shop to make employee management easier. Enjoy the read!)

I recently posted a list of federal law changes that require new poster updates. Those federal laws are the Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act, and the Pregnant Workers Fairness Act (PWFA). Of course, in mentioning these federal laws, this doesn’t include any state or local labor law changes.

But it got me thinking. I’m sure there are some organizations that might be saying, “Wouldn’t it be great if we had a way to know about labor law changes sooner?”. The faster organizations become aware of changes in legislation, the faster they can put a compliance plan in place. While I mentioned labor law posting changes, some law changes might require additional updates to policies, job applications, and handbooks. Or maybe require employee handouts. 

Being able to take a more proactive approach to compliance can also reduce any liability (i.e., fines and penalties) for non-compliance. And it shows everyone that the organization places an emphasis on following the law. 

Well, our friends at HRdirect have introduced a new Employment Law Alert Service. This is an annual subscription service that will keep your organization informed of recent employment law changes on a federal, state, county, and city level. Here’s how it works:

HRdirect’s expert legal team will monitor employment-related legislative activity around the U.S. including over 20,000 agencies. The types of employment-related legislation that will be monitored include:

• Minimum wage, equal pay, and salary history;
• Discrimination and harassment;
• FMLA, sick pay, bereavement, meal breaks, and rest periods;
• OSHA, safety, and smoking in the workplace;
• And many others.

When there’s a change, you’ll receive an attorney reviewed and approved email alert. The email will summarize the law – in plain language – and provide a link to the full text of the legislation for reference. It will also offer some guidance on how to comply with the new or updated law.

This alert service positions the organization to quickly understand the change and immediately make compliance decisions. In addition to the email alerts, subscribers will have access to a database of recent alerts with suggested next steps. 

The good news is that right now, HRdirect is offering a two-month FREE trial. And the even better news is that you don’t have to put a credit card on file to sign up. After the free trial, you will receive a $30 discount on an annual subscription. Honestly, that’s a great deal. And since you don’t have to put a credit card on file … you have nothing to lose by testing it out. There are three things I really like about this service.

1. As an HR professional, I can feel comfortable that legal professionals are watching out for legislation that impacts my organization. That’s time I can spend doing other things like recruiting and training. 

2. At the point there’s a new law or a change, I have a summary and some talking points that I can share with my team and senior management team. We can strategize on the right next step for our organization and workforce. 

3. Lastly, I can use the database to conduct a mini-audit and make sure my company remains in compliance. Great project for wrapping up the fiscal year. We can start the new year knowing we’re doing all the right things. 

Compliance is an important part of our role as human resources professionals, but it doesn’t have to be the only thing we do. Finding partners who can help us maintain compliance just makes good business sense. 

I hope you’ll check out the new Employment Law Alert Service that HRdirect is offering and take advantage of the free trial. It’s a great opportunity to stay compliant, make your work easier, and provide greater value to the organization. 

The post HR: Know Immediately When Employment Laws Change appeared first on hr bartender.

Estimated reading time: 3 minutes

In our second season of The HR Bartender Show, we focused on change management. We are constantly being faced with change. Some big, others small. Some impact our professional lives, and others on a personal level. It’s important that we know how to manage change. 

That’s why I think it’s so applicable to focus season three on workplace ethics. Ethics is defined as the “moral principles that govern a person’s behavior”. In turn, workplace ethics encompass the principles that organizations use to guide their decisions and actions. Employees want to know that their ethics align with the organization. And they want to know if they have questions or concerns that the organization will listen … and investigate. 

If organizations haven’t spent any time intentionally thinking about creating and maintaining an ethical culture, now’s a good time. 

If you haven’t listened to the previous episodes in this season on ethics, here they are:

• Dr. Martin Armstrong Defends Why Everyone “Owns” Organizational Ethics
• Heather Bussing Discusses the Role of HR in Ethics and Investigations
• Meric Bloch Explains the Intersection of Ethics and Compliance
• Dr. Christopher Bauer Talks About Ethics Training
• Jakub Ficner on How Technology Can Help Organizations Manage Ethical Risk

A huge thanks to this season’s guests: Jakub, Chris, Meric, Heather, and Martin. I really appreciate them sharing their experience and expertise with us. Again, I encourage you to check out their episodes and connect with them.  Thank you for supporting HR Bartender! I hope you enjoy the season on workplace ethics.

During this episode, I mentioned Lewin’s 3-step model for change. Here’s some additional information about the model: https://www.hrbartender.com/2019/leadership-and-management/change-management-stop/

Season 3 Episode 6 – Sharlyn Lauby Show Notes

Season 3 Episode 6 – Sharlyn Lauby Transcript

Thanks for listening to our podcast. This season of the HR Bartender show is brought to you by our friends at Case IQ, the leading provider of modern investigative case management software to handle virtually any type of workplace incident. With millions of cases resolved, and billions of dollars in litigations avoided, trust Case IQ to help you protect your employees, your organization, and your brand.

You can subscribe to The HR Bartender show on Apple Podcasts, Spotify, Google Podcasts, TuneIn, and wherever you can listen to your favorite podcasts. And we would absolutely love it if you would leave a review. 

If you enjoyed this episode, be sure to check out other episodes on our podcast page. 

The post Bookmark This! Workplace Ethics Edition – The HR Bartender Show appeared first on hr bartender.