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Sexual Harassment Prevention Training for Supervisors

2009-05-16T00:18:00Z

Dear Victoria,

Since January 1, 2006 all California employers with 50 employees or more are required to provide two hours of sexual harassment prevention training for their supervisors. But what about employers who have less than 50 employees?

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Yes, AB 1825 does require employers with 50 or more employees to carry out supervisor training; however, it does set a standard which all California employers should not ignore. California's FEHA (Fair Employment and Housing Act) requires employers with as few as five employees to avoid discrimination based on sex, including sexual harassment. Not providing training to your supervisors may be regarded by the courts or by a jury as failure to take reasonable steps to protect your employees from harassment, and the consequences for failing to provide training can be severe.

Training should cover common problems

encountered by today's small businesses. For example, it should explain what to do if an employee confides in a supervisor "as a friend", asking that the matter be kept confidential. Remember, once the supervisor receives notice of potential harassment even through an informal conversation, he or she is obligated to do something about it. That an employee shares an issue "confidentially" does not excuse your duty as the employer to correct illegal discrimination or harassment.

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In a similar situation, a trained supervisor would tell the employee that he'd be happy to listen, but if the employee shares an issue that involves company policy, he may be obligated to act. Too often we see supervisors that don't know how to handle this kind of situation and don't know the legal risk it creates.

Many small businesses operate more casually, based on personal relationships rather than infrastructure and policies. As this may work for some employers, your supervisors should be trained to recognize when they need to get formal and document what they've done.

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No matter the size of your company, you're under a legal obligation to avoid sexual harassment.

Investing in the basics could help you avoid a punitive damage award you did not see coming. As reported in the recent ELIN Newsletter, the costs to defend discrimination and harassment cases soared from $100,000 to $700,000 in legal fees alone, not counting awarded damages.

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Contact McCabe Consultants today at 818-704-7838 to schedule your Sexual Harassment Prevention Training.

Warm Regards,

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The Team at McCabe Consultants

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~email: victoria@mccabeconsultants.comphone: (818) 704 - 7838web: http://www.mccabeconsultants.com

McCabe Consultants HR Tip - Workplace Violence

2009-03-22T00:16:00Z

Dear Victoria,

Most employers know that newsworthy acts of violence in the workplace are relatively rare, but what many employers don't realize is that workplace voilence doesn't have to involve a fistfight or a weapon to cause major problems for employees. Many acts of violence never leave a physical mark, but can have deep emotional consequences and a profound impact on an employees morale and stress level.

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Bullies go beyond grade school. Workplace bullying is on the rise. While bullying can escalate into physical violence, it can be quite harmful to employees even if it never goes that far, and it can be extremely detrimental to an employees performance.

Most adults assume the bullies they meet are children and will be become grown ups before entering the workplace. Unfortunately, many bullies continue those tactics in the professional world - their methods are just different. Bullying in the workplace can include:

* Excluding or isolating a coworker;

* Publicly berating a targeted individual;

* Falsely accusing someone of making errors;

* Holding an employee to a higher standard than others;

* Starting or perpetuating rumors;

* Insulting am employee's character, habits, or personal life;

* Attempting to intimidate an employee by string or glaring; and

* Encouraging others to engage in bullying activities.

These behaviors may be difficult to prove, which is often why victims don't report this kind of harassment.

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Unfortunately, victims of bullying who choose to report a situation often are viewed as trouble makers. Even more disturbing is the fact that victims of bullying are more likely to be terminated or transferred. As employers are responsible for providing a safe work environment when bullying is not addressed employers can expect productivity to plummet, as bullied employees use up to 50% of their time at work defending themselves, networking for support, or thinking about their situation. They also become highly stressed and unmotivated and take more sick leave or go out on workers compensation.

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It's easy to think workplace violence won't happen at your organization but it happens every day. If employers don't have a handle on the "lesser" forms of violence, its possible they could escalate the situation. Protect yourself and your business. If you have questions on this issue or any other workplace issue please contact us at 818-704-7838.

Warm Regards,

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The Team at McCabe Consultants

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~email: victoria@mccabeconsultants.comphone: (818) 704 - 7838web: http://www.mccabeconsultants.com

Performance Evaluations

2009-03-16T00:16:00Z

Dear Victoria,

Giving meaningful feedback to employee regarding their performance without creating legal problems can be tricking for any employer today.

However, employers who routinely review employee performance and who conduct regular employee evaluations reap tremendous benefits:

1) Your employees will know what you expect of them; will receive feedback, praise, and criticism of their work; and will have notice of any shortfalls in their performance or conduct.

2) You can recognize and reward good employees and identify and coach employees who are having issues.

3) The communication involved in any good evaluation process ensures that you will stay in tune with the needs and concerns of your workforce.

The evaluation process also addresses a lot of employment issues that can be resolved once communicated. Performance evaluations can keep you out of legal trouble by helping you track and document your employees' problems. If you ever need to fire or discipline an employee, you will have written proof that you gave the employee notice and a chance to correct the problem -- which will go a long way towards convincing a jury or judge that you acted fairly.

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Creating goals is also a key part of the process.

Before you can accurately evaluate an employee's performance, you need to establish a system to measure that performance. For each employee, you need to come up with performance goals with minimum standards.

Performance standards describe what you want employees in a particular position to accomplish and how you want the job done. These standards apply across the board, to every employee who holds the same position.

Goals unlike performance standards should be tailored to each employee; they will depend on the individual employees strengths and weaknesses. For example, a goal for an accounting professional might be to take the exam to become a certified public accountant. Your employees can help you figure out what reasonable goals should be.

Once you have defined the goals and performance standards for each employee, write them down and distribute them to your employees. This will let your employees know what you expect and what they will have to achieve during the year to receive a positive evaluation.

Keeping track of your employees performance throughout the year is essential to the documetationprocess. Keep a log for each worker, either on your computer or on paper. Note memorable incidents or projects involving that worker, whether good or bad.

For example, you might note a valuable contribution an employee made on a project or document that an employee submitted an incomplete work assignment.

If an employee does an especially wonderful job on a project or really fouls something up, consider giving immediate feedback. Orally or in writing, let the employee know that you noticed and appreciate the extra effort -- or that you are concerned about the employee's performance. If you choose to give this kind of feedback orally, make a written note of the conversation for the employee's personnel file. It is also a good idea to have a written discipline policy in your empoyee handbook.

When giving the evaluation its always best to prepare, gather and review all of the documents and records relating to the employee's performance, productivity, and behavior before hand.

Review your log and the employee's personnel file and other company records relating to the employee, including customer surveys, time cards, or budget reports.

Once you have reviewed these records and gathered your thoughts about the employee's work, write the appraisal (or, if you will solicit input from other managers, ask each of them to complete an evaluation, and then compile them). Although an appraisal can take many forms, it should include:

1) Each goal and standard you set for that employee and job

2) Your conclusion as to whether the employee met the goal, and

3) Reasons that support your conclusion.

When you have finished writing the appraisal, set up a meeting to discuss it with your employee. Remember, this is likely to be one of the most important meetings you have with your employee all year, so be sure to schedule enough time to discuss each issue thoroughly.

At the meeting, let your worker know what you think he or she did well and which areas could use some improvement. Using your evaluation as a guide, explain your conclusions about each area.

Listen carefully to your employees comments -- and ask the employee to write them down and attach them to the evaluation form. Take notes on the meeting and include those notes on the form.

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For step-by-step instructions on conducting performance evaluations, including tips on creating performance objectives, observing and documenting employee performance, writing appraisals, holding evaluation meetings, and more, contact McCabe Consultants today. Your Director of Human Resources at your service.

Warm Regards,

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The Team at McCabe Consultants

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~email: victoria@mccabeconsultants.comphone: (818) 704 - 7838web: http://www.mccabeconsultants.com

Workplace Safety - OSHA 300A Reminder

2009-02-16T00:15:00Z

Dear Victoria,

If your company is covered by the OSHA

recordkeeping standard (which most are), starting on February 1st you are required to post a separate summary, OSHA Form 300A, listing the total number of job-related injuries and illnesses that occurred in 2008 for each facility or location. All covered employers are required to post Form 300A for three months, until April 30, 2009.

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Form 300A provides a summary of the total number of job related injuries and illnesses which were included in more detail on the OSHA 300 log. Companies with no recordable injuries or illnesses must still post Form 300A with zero on the total line. The posted Form 300A must be displayed in a common area wherever notices to employees are usually posted.

Various OSHA standards require annual employee notification and/or training. Failure to comply may subject covered employers to a penalty of $70,000.

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If you have any questions on these issues or any other workplace issue please contact us at 818-704-7838.

Warm Regards,

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The Team at McCabe Consultants

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~email: victoria@mccabeconsultants.comphone: (818) 704 - 7838web: http://www.mccabeconsultants.com

Safe Guarding HR Information - Keeping Data Safe

2008-11-21T06:52:00Z

Dear Victoria,

"Since outsiders can gain access to company information it is critical HR departments develop appropriate systems to mitigate potential thieves access," says ITRC.

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Which records or files contain personal employee information? Proper classification of information is crucial in all phases of collection, processing, management, storage, and destruction of data.

Making the right decision about storage requires companies to first answer a few important questions:

* What is the information being protected and what format is it in?

* Is it a paper or electronic record?

* Would automation make the data more or less secure?

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Following these basic rules will help your HR department meet this need:

* Perform background checks on anyone who is going to have access to personal information.

* If someone with access to personal information is out sick or on leave, don't just hire a temporary employee to replace them. Instead, bring in a trusted worker from another department.

* Perform random background checks like random drug test. Just because someone passed five years ago doesn't mean their current situation is the same.

* Limit access to information like SSN's health information and other sensitive information data to HR managers who require it to do their jobs.

* Keep up with laws regarding HIPAA, EEOC, and DFEH.

* Keep files in locked drawers and remember to lock them when you leave for an extended period of time.

Other things to consider is understanding the internal and external processess and data flows that involve personal employee information. Employers must understand the business processes involved from collection through disposal as well as the company's legal obligations.

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Although there are many ways to collect, manage, and dispose of sensitive data , employers must commit to the types of information they will protect and the means they will employ to do so. Not sure what's the best solution for your company, call McCabe Consultants today at (818) 704 - 7838 and let us help you protect business.

Warm Regards,

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The Team at McCabe Consultants

California Requirments for EITC Notification

2008-11-16T00:09:00Z

Dear Victoria,

As a reminder, effective January 1, 2008, all employers are required to notify all their employees of the Fedral Earned Income Tax Credit (EITC).

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Assembly Bill 650, Chapter 606 requires any employer who is subject to, and is required to provide unemployment insurance to employees are to notifiy all employeees that they may be eligible for the EITC.

Employers are required to provide notice with one week before or after the W-2 Form or 1099 Form is given. This new law also requires the employer to process the IRS W-5 Form for advance payments of the EITC, if requested by the employee.

Employers must provide notification to your employees by either handing it directly to the employee or mailing it to the employees last know address. Posting this information on an employee bulletin board will not satisfy the requirement.

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The notification shall include instructions on how to obtain any notices availible from the Interal Revenue Service for this purpose, including, but not limited the IRS Notice 797 and W-5 Form or any successor notice or form, and any notice created by you the employer.

Need help ensuring you meet the employment requirement in your state!! Call McCabe Consultants today at (818) 704 - 7838 and leave HR to the EXPERTS.

Warm Regards,

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The Team at McCabe Consultants

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~email: victoria@mccabeconsultants.comphone: (818) 704 - 7838web: http://www.mccabeconsultants.com

Time Off to Vote

2008-10-16T00:08:00Z

Dear Victoria,

Election Day is right around the corner and with that usually comes questions from employees about time off to vote.

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California employers are required to comply with two

(2) main laws. These laws outlined in section 14000 and 14001 require employers to provide employees up to two (2) hours off to vote without loss of pay in some instances.

The statue explains that time off to vote must be made available if the voter does not have sufficeint time to vote outside of working hours. Employers may comply with the law by providing time off at the beginning or end of the employees shift.

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As a reminder, California polls are open from 7am to 8pm, which generally affords employees with sufficient time outside of work hours to vote. However, some employees polling places may be a far distance from their employment.

Employees who may need additional time away to vote should notify the employer no later than two (2) working days in advance. If you are unsure of the rules regulating time off to vote review your Federal and State employment posters.

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Not sure what laws apply to you. Call McCabe Consultants today at (818) 704 - 7838 and let us help you protect your business.

Warm Regards,

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The Team at McCabe Consultants

Meeting Today's Challenge: Training Your Workforce

2008-09-16T00:07:00Z

Dear Victoria,

In order to stay competitive in today's market, companies must invest in training and educating their workforce while establishing mechanisms to ensure knowledge and experience are transferred to new employees.

An effective training program results in skilled workers who produce higher quality work, are more productive, and are likely to stay longer. There are several approaches to developing and implementing effective training programs that will meet specific company objectives.

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Methodology - Design an approach that includes a mix of different venues for maximum effectiveness (ie.

web,class, field).

Assessment - Look at where you are and where you want to be. This would include looking at your company objectives and balancing them against your industry as a whole.

Feedback - Gather quantative data and feedback to constantly refine and retune training to ensure goals are being meet.

Financial Investment - Training whether inhouse or by an outside agent requires an investment. Analyze what your organizations priority is and create ROI risk vs. reward.

Operations - Costs associated with lost production can be minimal if training is intergrated into the effectiveness of the business.

Participation - Encourage questions and provide answers or direct them towards solutions that encourage them to try their ideas.

The over arching theme in any training program should be to ask questions and learn to do by doing.

When people are given an environment where they can try their ideas, the results will stick with them forever and the training will have achieved its objective.

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Managing a sucessful training program is as much as excerise in managing people as it is in providing the training. Understanding what motivates people is essential in developing an effective training program as well. To learn more about how McCabe Consultants can help you develop a results oriented Training Program call us at (818) 704 - 7838 today.

Warm Regards,

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The Team at McCabe Consultants

Not Understanding At-Will Employment Puts Employers at Risk

2008-08-16T00:06:00Z

Dear Victoria,

As you may know, "at - will" employment refers to a common-law rule that the employment relationship may be terminated by the employer or the employee at any time, for any reason, with or without cause or notice.

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For employers, the ability to terminate an employee whenever they would like to for any reason is invaluable. This perception, however, is not quite accurate. Overtime, the implementation of new federal and state laws and the application of certain concepts have created conditions that are more in favor of today's employee.

To minimize the risks of wrongful termination claims, every employer needs to understand at least three big exceptions to the employment at-will concept:

* Public Policy: A wrongful termination when the reason for employment termination is contrary to an established public policy( i.e. terminating a pregnant employee which is prohibited under current Federal statues.

* Implied Contracts: A contract between the employer and employee although no written documentation exists regarding the employment relationship ( i.e. "Probationary Period" language in the Employee Handbook).

* Covenant of Good Faith: An implied agreement the employer is to treat employees honestly and fairly (i.e.

A "just cause" standard placing a burden of proof on the employer to justify the basis for discipline or termination of an employee).

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To help mitigate your risk contact McCabe Consultants today for our termination packet. This packet provides key tools to accomplish your termination legally.

Call McCabe Consultants to learn about effective hiring, performance management, or employment terminations at (818) 704 - 7838 today.

Warm Regards,

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The Team at McCabe Consultants

Company Culture: What Is It?

2008-07-16T00:05:00Z

Dear Victoria,

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Recently we sat down with an organization where management and staff had a different view of the companies goals. One of the questions we asked to help identify the issue was, "Please explain your company culture?"

During the conversation, one of the responses we received was, "What is company culture?" We then explained that company culture is defined as the shared values and practices of the companies employees, and establishing a company culture is important because it can make or break your business. It has been shown that companies with an adaptive culture that is aligned to their business goals routinely out perform their competitors.

To achieve results like this for your company, you have to assess what your culture is, decide what it should be to reach your goals, and move towards the desired result. How do you asses your culture? One way is by listening to your employees, vendors, and your customers. This will give you an indication of what your current culture is and whether it is aligned or out of alignment with your goals.

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Need a change? Not sure how to analyze what you've heard? A professional firm like McCabe Consultants can help you define your culture. If you don't have one or want to redefine it McCabe Consultants is in the perfect position to help you navigate through the process to make your company a more profitable one. Call us at 818 - 704 - 7838 today.

Warm Regards,

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The Team at McCabe Consultants

Camera Phones in the Workplace

2008-06-20T00:04:00Z

Dear Victoria,

As many of you are aware there is a growing concern about camera phones and potential for abuse around privacy and security issues.

The paradox here is, that how would you know if someone took a picture of one of your employees or a sensitive piece of intellectual property and posted it to the Internet or emailed out?

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Though the issues of camera phones in the workplace is an interesting area to watch, and new aspects of this phenomenon are appearing every day, banning camera phones or writing new policies may be a bit daunting.

The fact is today, bans are nearly unenforaceble, combined with the fact that there are few actual cases of abuse.

Here are some things to concern around the issue of camera phones in the workplace:

* The market for camera phones have increased dramatically.

* It is estimated that four out of five cell phones have built in camera phones.

* Allowing camera phones in the workplace may lead to security or privacy concerns, or forms of

harassment and abuse.

* There is also a risk of propiertary information being compromised.

* If images are taken they can be easily deleted without leaving a trace that they were there, unlike a

computer.

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What can employers do to address these concerns and limit there exposure? Since simple bans are currently not enforceable consulting with a professional like McCabe Consultants can help organizations create an effective policy and procedure to protect workers, intellectual property, and proprietary data.

Call us today at (818) 704 - 7838 to learn how.

Warm Regards,

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The Team at McCabe Consultants

Genetic Information Nondiscrimination Goes into Effect May 21, 2008

2008-06-16T00:03:00Z

Dear Victoria,

On May 21, 2008 President Bush signed the Genetic Information Nondiscrimination Act (GINA), protecting Americans against discrimination based on their genetic information when it comes to health insurance coverage and employment. The Act prohibits insurers from delying health insurance or setting rates based on genetic factors, and similarly, forbids employers from using such information when making employment decisions.

So what does this mean for employers? The new law means employers may not use genetic informaion and/or knowledge of an employee's predisposition to certain illnesses in employment decisions such as hiring, firing, or promotions. Employers must keep genetic information about their employees in a separate confidential employee file.

GINA also has a health insurance component which makes it illegal for health insureres to raise premiums or deny coverage based on genetic information. Chiefly, this provision affects employers who self-insure.

Medical Certifications As a condition of employment, many employers require employees to submit to a medical examination. The health records obtained from the medical examinations often contain genetic information, which is now barred from disclosure under GINA. To minimize your liability, employers may request medical records to be re-written to ask that health care providers only release ono-genetic health information.

Update your Policies on EEO and Nondiscrimintation What can employers do to address these concerns and limit their exposure? Since simple bans are currently not enforceable consulting with a professional like McCabe Consultants can help organizations create an effective policy and procedure to protect workers, intellectual property, and proprietary data. Call us today at (818) 704 - 7838 to learn how.

Warm Regards,

The Team at McCabe Consultants

email: victoria@mccabeconsultants.com

phone: (818) 704 - 7838

web: http://rs6.net/tn.jsp?t=i6zj8ncab.0.0.hybnoobab.0&ts=S0340&p=http%3A%2F%2Fwww.mccabeconsultants.com

How is the High Price of Gas Affecting Your Workplace

2008-04-15T23:59:00Z

Dear Victoria,

The price of gas has tripled over the past three years hovering around $3.50 per gallon nationally. Research was conducted earlier this year on how increased gas prices have affected personal finances and by extension behavior at work.

More than 300 employees across a wide range were polled to try to assess the effects that higher gas prices were having on the workplace. As a society, the high price of gas has been casually discussed but no one has really been able to get a handle on how it trickles down to various aspects of life. We also have not been able to determine what role employers could play in possibly helping employees manage the stress that has started to come with spiriling gas prices.

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Findings from the study indicated that most people have had to make drastic changes in the way they spend money. The employees polled, selected from a list of important changes indicating the frequency of the change, for example, 60 percent of the respondents have to rethink the way they spend money, 44 percent are worried about how they are going to make ends meet, 43 percent have cut back on recreational activities, 41 percent have paid off debt more slowly, and 25 percent have gone back to necessities.

More surprising were the indicators of how changes to personal finances affected behavior at work. Changes in personal finances were associated with lower levels of job performance, less enthusiasm, less willingness to help others, fewer positive feelings about the organizations, higher levels of depression, and an increased sensitivity to minor irritants at work.

The stress caused by increased gas prices may be increased by employers' failure to recognize the problem or not knowing what options they may have. The vast majority of employers (92 percent) indicated that their company failed to acknowledge the issue, while other employers felt they should do something but didn't know what. When employees were asked for suggestions, many indicated that their company should offer some financial support. On average, employees felt a subsidy of $30 dollars per week would help reduce much of the stress caused by high gas prices.

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Interestingly, more than one third of employees indicated that they would change jobs with comparable pay and responsibilty if some form of assistance were offered. Certainly, there are other ways a company can help. Creating a Flex Time Policy or creating a Telecommuting Program for employees often helps reduce employee stress, improve morale and retention of employees.

Need help creating such programs, call McCabe Consultants at (818) 704 - 7838 today.

Warm Regards,

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The Team at McCabe Consultants