• When is a Break not a Break Under the FLSA?

    The FLSA draws a pretty clear line as to when breaks must be paid and when they can be unpaid.
    If a break is 20 minutes or less in duration, it must be paid. Any longer, and an employer can make it an unpaid break.
    What if, however, instead of providing employees paid breaks, an employer installs a system of flex time — the employer only pays employees for the time they are logged onto its system, which maximizes employees’ ability to take breaks from work at any time, for
  • Benefits Round-up: The Newest Epidemic, Blood Drives and Forest Bathing

    I’ve come across a few news stories this week regarding health and wellness. Feel free to contact me or comment below if you have other important benefits stories worth sharing.
    Loneliness: Former U.S. Surgeon General Vivek H. Murthy wrote a long, fascinating cover story for the Harvard Business Review. “The world is suffering from an epidemic of loneliness,” he wrote. “If we cannot rebuild strong, authentic social connections, we will continue to splinter apart — i
  • Study: What HR actually does vs. what employees expect HR to do

    Ask employees and HR pros what the Human Resources department actually does, and you’re liable find some common beliefs and some major differences.That’s what a recent study by Paychex uncovered. The study polled both employees and HR specialists about the roles and responsibilities of the HR department.
    Here’s the breakdown of what employees expect HR to do versus the tasks HR pros actually say they do:
    79% of employees expect HR to handle employee disputes (70% of HR pros sa
  • No, You do not Need a Workplace Emoji Policy

    I read a blog yesterday that asked the following question? “Do you need a workplace emoji policy?”
    They say yes, I say an unequivocal no.
    They argue that inappropriate emoji use might lead to misunderstandings and harassment liability.
    You may want to look into having a custom set of emojis defined for use throughout the company (and leave out the easy to misinterpret emojis, like the winky face, tongue out, kissy face, or racially diverse options). It’s not that some
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  • Critical compliance changes for next year: An open enrollment checklist

    As HR pros immerse themselves in negotiating plan changes for this year’s open enrollment, it’s critical to keep these new 2018 regulation changes front and center. To help, here’s a checklist of changes you’ll need to be aware of when making plan-design moves:
    1. Mental Health Parity reg changes enforced
    Beginning on January 1, 2018, plans that require “fail first” or “step therapy” could violate the Parity Act’s “non-quantitative
  • Building for the future: Recruitment partnership helps youngsters secure jobs - HR News (press release) (blog)

    HR News (press release) (blog)
    Building for the future: Recruitment partnership helps youngsters secure jobs
    HR News (press release) (blog)
    Award-winning builder and developer Seddon has employed five new trainees as part of a successful recruitment partnership. The family-run business, which is headquartered in Bolton, has hired three apprentices and two former work experience candidates ...and more »
  • Clean It Up: Flu Season Prediction Labeled ‘Severe’

    Just as quickly as summer ends, flu season begins. And the 2018 flu season is expected to be an extreme one, according to an expert at Baylor College of Medicine.
    One company urges its employees to work from home when sick to help keep the rest of the employee population healthy.
    “There is every reason to expect that we could have a severe flu season this year,” said Dr. Robert Atmar, professor and interim chief, section of infectious diseases at the Houston-based health-science cent
  • Talent10x: Artificial Intelligence and the HR Tech Conference

    Workforce editor Rick Bell joins Talent Economy’s Frank Kalman from the floor of the HR Technology Conference & Exposition in sunny Las Vegas, Nevada. The two talk the latest technology trends, especially tech companies’ apparent focus on artificial technology and analytics, as well as Rick’s performance in the Portland, Oregon, Marathon last weekend.
    Listen here or subscribe to Talent10x on iTunes, Stitcher, Google Play or Tunein.
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  • Do You Know What to do When an Employee Dies on the Job?

    It’s news an employer never wants to deliver.
    “I’m sorry, but your spouse (or partner, child, or other family member) had an accident at work and unfortunately passed away.”
    But it happens. In fact, according to OSHA it’s happened 357 times already this year.
    Indeed, it happened just yesterday, at Cleveland State University. A piece of sheet metal fell and killed a construction worker.
    Do you know what to do if one of your employees dies on the job?
  • Friendly court reminder: Policies can’t stop workers from talking about pay

    By now, most savvy companies know they can’t bar employees from discussing such things as salaries and working conditions. But that doesn’t mean there aren’t some companies out there that try to do it anyway. 
    Worker spoke up, was disciplined
    Take the recent case of Banner Health System, which had adopted a Confidentiality Agreement, identifying forbidden topics like “[p]rivate employee information (such as salaries, disciplinary action, etc.) that is not shared by
  • The Health Care Executive Order and Its Impact on Employers

    President Donald Trump signed an executive order on Thursday, Oct. 12 that would change many aspects of the Affordable Care Act, also known as Obamacare. This order is a way to “start the process” of repealing and replacing Obamacare after several failed attempts to do so through legislation, most recently through the Graham-Cassidy bill. 
    The executive order is intended to make lower-premium plans more widely available, according to CBS news. It pushes for the expansion of acce
  • Jeff Sessions Reverses Civil Rights Law’s Transgender Protection

    Attorney General Jeff Sessions stated on Oct. 5 that the Civil Rights Act of 1964 will not protect transgender people from being discriminated against in the workplace. This move reverses an Obama administration policy issued three years ago.
    Sessions’ memo said that the anti-discrimination law does not apply to people who are transgender or are discriminated against based upon their gender identity. However Sessions does think that it applies to discrimination based on a biological sex, a
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  • This week's international HR headlines: flexible working in Singapore, slow recruitment in the UAE and 'brain gain ... - CIPD (blog)

    This week's international HR headlines: flexible working in Singapore, slow recruitment in the UAE and 'brain gain ...
    CIPD (blog)
    Singapore's Ministry of Manpower (MoM) has launched a Tripartite Standard on Flexible Work Arrangements (FWA), in a move that reflects increasing demand from employees for greater work-life balance. According to the MoM, employers that offer flexible ...
  • HR Tech Conference Observations: It’s All About AI and Women in Tech

    Arguably the most clever booth pitch at this year’s HR Tech conference. (Photos by Rick Bell)
    It was an observation that was simple and direct, but one that I obviously overlooked on opening day of the HR Tech Conference & Expo in Las Vegas.
    “There are a lot of women at this conference,” said a female Google benefits executive sitting next to me at a Tuesday evening dinner hosted by Virgin Pulse and O.C. Tanner to celebrate their recently announced partnership.
    She was rela
  • Jemele Hill Story Underscores Employees’ Lack of Understanding About Personal Social Media and Work

    Social media has irreparably torn down the wall that has historically separated one’s work life from one’s personal life.
    Earlier this week, ESPN personality Jemele Hill learned this lesson the hard way.
    The network suspended Ms. Hill for violating its social media policy. Her tweets called on fans to boycott the Dallas Cowboys if its owner, Jerry Jones, disciplines players who kneel for the national anthem.
    Here are a few of the tweets that got her in trouble with her employer (whic
  • For workers with disabilities, recruitment has a long way to go - HR Dive

    For workers with disabilities, recruitment has a long way to go
    HR Dive
    Employers' common recruiting processes are ineffective for candidates with disabilities, according to a new survey from the Kessler Foundation, 2017 National Employment and Disability Survey: Supervisor Perspectives. Conducted with the University of ...and more »
  • SAP's Intelligent HR Solution to Eliminate Recruitment Bias - Zacks.com

    SAP's Intelligent HR Solution to Eliminate Recruitment Bias
    Software behemoth, SAP SE (SAP - Free Report) recently launched the new job analyzer functionality embedded within the SAP SuccessFactors Recruiting Management solution. The solution, which employs SAP Leonardo Machine Learning capabilities, will ...and more »
  • Trump administration deals major blow to ACA contraceptive coverage regs

    There’s no doubt the Trump administration’s latest move will weaken the Obamacare contraceptive coverage regs. There is, however, some major debates over just who is likely to be affected by such changes.The agencies responsible for implementing ACA regs and guidance (HHS, DOL and Treasury) just released two interim final rules that would essentially make it much easier for employers to get an exemption from the Obama-era ACA reg that requires full-time employees of applicable large
  • Guiding Employees Toward Mental Health Practitioners

    Your company is aware of the impact mental health has on the workplace. It trains managers, uses EAPs and communicates relevant information on the company’s intranet. But there’s just one problem: employees still aren’t well.
    Today, Oct. 10, is World Mental Health Day, and the theme this year is mental health in the workplace. My colleagues and I have written about mental health before (for example, my Frasier blog series, which is very popular among a few co-workers and my sis
  • Was $666 raise given to label union-organizer the Antichrist?

    Another day, another court battle centered around a non-union employer that allegedly retaliated against employees who successfully launched a union-organizing campaign. Was giving them sub-par raises of $666 an “unmistakable” attempt to brand the organizers the AntiChrist or the Devil.As strange as the above sentence sounds, it’s the basis for an actual court case that was recently decided by the 6th Circuit Court of Appeals. The case was Lifter et al v. Cleveland State Univer
  • ‘Sharp’ Attacks on Jimmy John’s Leads to the Ax

    Six employees of MikLin Enterprises Inc., a franchisor of 10 Jimmy John’s sub sandwich locations in Minneapolis-St. Paul, were terminated for their involvement in the creation and dissemination of posters in or near store locations during a unionizing campaign. The posters contained side-by-side images of Jimmy John’s sandwiches stating “Your Sandwich Made By A Healthy Jimmy John’s Worker” and “Your Sandwich Made By A Sick Jimmy John’s Worker.”
  • HR professional talks manufacturing recruitment - Times Record

    HR professional talks manufacturing recruitment
    Times Record
    Baldor Electric Co.'s vice president of human resources spoke of the need to prepare students for careers in manufacturing, healthcare and information technology (IT) at the Chamber of Commerce's monthly First Friday Breakfast. Jason Green said that ...and more »
  • HR professional talks manufacturing recruitment - News - Times ... - Times Record

    HR professional talks manufacturing recruitment - News - Times ...
    Times Record
    Baldor Electric Co.'s vice president of human resources spoke of the need to prepare students for careers in manufacturing, healthcare and information ...and more »
  • 10 signs your workplace culture is toxic (and how to fix it)

    It’s a hard thing to admit … that your work culture may be toxic. But identifying the symptoms and finding the antidotes for them can improve morale, engagement retention and productivity. Let’s get started. 
    Here to help is Ross Kimbarovsky, founder and CEO of crowdspring, who has some unique insights into the signs of a toxic workplace and how to remedy them.
  • The Human Resources Management Kit October 2017

    The Human Resources Management Kit – October 2017 brings together the latest information, coverage of important developments, and expert commentary to help with your Human Resources Management related decisions.
    Learn more! 
  • Sector Report: More Than an HR Database

    In the world of HR management systems, the transition to the cloud is finally old news. While some companies are still waiting out their old on-site solutions, when they are ready to upgrade the path is clear, said Mike DiClaudio, principal in management consulting for KPMG in Detroit. “It is rare that you talk to an organization choosing an HR management system today that isn’t in the cloud.”
    Thanks to the agility and rapid upgrades that are possible in the cloud, the new focu
  • The Essentials of HR and Talent Management October 2017 Kit

    The Essentials of HR and Talent Management October 2017 Kit brings together the latest information, coverage of important developments, and expert commentary to help with your HR and Talent Management related decisions.
    Learn more! 
  • A taste of its own medicine: EEOC ordered to fork over $1.9M for ‘frivolous’ claims

    The EEOC has long a history among employers of filing lawsuits for dubious reasons, and in this case, that strategy seems to have come back to haunt it.A federal district court just ordered the agency to pay $1.9 million in attorneys’ fees to a delivery company it had filed suit against because of a worker’s sexual harassment claims.
    The case was EEOC v. CRST Van Expedited, a delivery company. The suit stemmed from a sexual harassment claim made by a female CRST worker against two m
  • Spotlight on equal pay: What your peers are doing to prevent a Google situation

    Employers are well aware pay discrepancies between genders could come back to haunt them. As a result, many are taking proactive steps to make sure they prevent or address any problems before it’s too late. 
    A recent WorldatWork report revealed that 60% of HR pros currently monitor their processes for pay equity issues. What’s more, 43% of HR pros spent more time on equal pay issues this year than they did the previous
    The report also identified the various steps employers were
  • Just Try to Curb Your Enthusiasm About This Post on the ADA and Attendance

    On last night’s season nine premier of HBO’s “Curb Your Enthusiasm,” Larry David was faced with this age old problem.
    How does an employer handle an employee who skips work because she’s constipated?
    Larry handled it by foisting his problem employee (his personal assistant) onto someone else.
    What should you do?
    It depends.
    First, is constipation an ADA-protected disability?
    Likely, the answer is yes.
    The ADA defines an “actual disability” as “a ph
  • Readers' Choice Awards: Best Recruitment Firm - HR and Administration - HRM Asia

    HRM Asia
    Readers' Choice Awards: Best Recruitment Firm - HR and Administration
    HRM Asia
    Perhaps of keenest interest to HRM Asia readers in their own professional lives, the Best Recruitment Firm – HR and Administration positions category was one of the most competitive in this year's Readers' Choice Awards. It is, after all, the one ...and more »
  • Employer Can’t Compel Employee to Arbitrate Claim

    Ritarose Capili was a sales associate at a Finish Line store in California. When she was hired in August 2013, she was required to sign an agreement that required her to arbitrate employment-related disputes with Finish Line.
    In mid-2014, after she was diagnosed with diabetes and anxiety that was exacerbated by sleeping issues that occurred during her pregnancy, Capili requested a leave. She was terminated July 8, 2014. Capili sued Finish Line claiming that she was fired because of her pregnancy
  • A dangerous pay error that’s catching many companies off-guard

    Any time the DOL accuses your company of breaking federal pay laws, it’s a major headache.But when the mistake is clearly unintentional and the feds slap you with a “willful” FLSA violation, it’s a different type of headache altogether.
    Willful FLSA violations not only carry more expensive civil penalties, they also allow the DOL to look at a full extra year of employers’ payroll data to assess penalties.
    The DOL even has a tendency to get creative from time to tim
  • Who Is the Healthiest Employer?

    Fitbit recently held its Captivate 2017 conference in Chicago, where health analytics software company Springbuk released their list of the 100 healthiest employers in America. (Photo by Andie Burjek)
    Health analytics software company Springbuk held its Healthiest Employers Award Program in the evening at Fitbit’s wellness conference in Chicago on Sept. 19. The event recognized the top 100 companies for wellness. Earlier in the conference, individuals from three of these companies particip
  • Talent10x: Does Meritocracy Work?

    This week’s episode of Talent Economy podcast Talent10x features Workforce‘s Rick Bell, Frank Kalman and Lauren Dixon, who discuss Lauren’s most recent story analyzing the state of meritocracy at work, the latest developments in CEO and business political and cultural activism, and news that Equifax fired its CEO.
    Listen here or subscribe to Talent10x on iTunes, Stitcher, Google Play or Tunein.
    This podcast originally appeared&n
  • Maneuvering the Maze of Maternity Leave: Preparation

    Gretchen Van Vlymen, StratEx
    As a first-time mom due in about a month, I am becoming more and more excited to take time off to bond with my new baby boy! However, as an HR consultant, I am also aware that not everyone at work may be as thrilled about the impending maternity leave as I am — and for good reason.
    That’s because a lot changes when a teammate is out of the office for 12 weeks. Management may not know where to turn to get certain tasks accomplished, and those reporting to
  • Trump Flip-Flops on LGBTQ Workplace Discrimination

    “As your president, I will do everything in my power to protect our LGBTQ citizens. … ”
    Those were the words of then nominee Donald J. Trump at least year’s Republican Convention.
    What’s missing from those words?
    “ … Unless you’re at work. Then you’re screwed.”
    Yesterday, Trump’s White House announced that it will urge the 2nd Circuit Court of Appeals to rule that Title VII does not ban discrimination against gay emplo
  • No vote, no repeal, no future plans: GOP abandons its ACA-killing efforts for the year

    When Republicans decided not to vote on their latest incarnation of an ACA repeal — the Graham-Cassidy bill — they effectively abandoned any hope of repealing the health law in 2017.The decision not to put the bill to a vote in the Senate came a day after Sen. Susan Collins (R-ME) said she would join two GOP Senators in voting against the bill.
    Collins decision to oppose the bill came mere minutes after the Congressional Budget Office said it would cause individuals with health insu
  • 5MM: Flying Cars and Flying the Friendly Skies

    Workforce editors Frank Kalman and Rick Bell consider classes to build flying cars and dissect United Airlines CEO Oscar Munoz’s defense of his employees during a talk at a recent conference. Also, they uncover long-lost archival footage from yesteryear’s 5 Minutes of Personnel.For more 5 Minutes of Management, check out our YouTube channel.  
    The post 5MM: Flying Cars and Flying the Friendly Skies appeared first on Workforce Magazine.
  • 7th Circuit Rejects Extended Medical Leaves of Absence as ADA Accommodation

    “You’re FIRED!”
    No, this post is not about a recent Trump rally; it’s about the end game to Severson v. Heartland Woodcraft, Inc., in which an employer terminated an employee unable to return to work after the expiration of his 12-week FMLA leave.
    The employee requested an additional two or three months of unpaid leave as a reasonable accommodation under the ADA to recover from back surgery (a position endorsed by the EEOC). The employer refused the accommodation req
  • Employers Embrace Telemedicine But Employees Exhibit Uncertainty

    Lee Damiano felt ill one day in May 2015. The previous year when she signed up for her employer’s new telemedicine benefit that would allow her to contact a doctor any time, any day of the week, she thought she’d never actually use it.
    She was wrong. Initially thinking, “I might as well wait until Monday,” Damiano ultimately called and was speaking to a doctor within 10 minutes. “As we went through the symptoms, the doctor encouraged me to go to the ER. I’m so
  • Ask Not What Your Company Can Do for the Arts …

    A new study reveals that over half of surveyed companies think the arts promote creative thinking and problem-solving. Moreover, any human resources professional worth their salt knows that a successful workplace stems in part from a thriving culture — something the arts epitomize like nothing else.
    But the arts might soon receive a serious funding blow. In his upcoming 2018 budget, President Donald Trump calls for the elimination of the National Endowment for the Arts.
    This proposed defun
  • Age bias lawsuit: Little white lies about worker’s departure come back to haunt employer

    Sometimes employers feel the need to fib a little about why an employee is leaving the company – to avoid damaging morale.While the intentions may be good, a new lawsuit serves as a great example of why not to do that. 
    Hired at 63, fired at 64
    When Wesley Enhanced Living, a retirement community, fired CFO DeWayne McMullin, he filed an age discrimination lawsuit against Wesley.
    McMullin, who was 64, was replaced by a 52-year-old.
    Wesley said McMullin was fired because he continually m
  • Sector Report: Robots Take a Big Step in Staffing

    The gig economy continues to dominate trends in the staffing industry, triggering new partnerships, driving technology innovations, and forcing recruiters to wonder what role they will play in the future.
    “The rise of platforms like Shiftgig, Upwork and Taskrabbit is causing many staffing professionals to ask tough questions,” said Vinda Souza, vice president of marketing for Bullhorn, a staffing industry technology firm. “They want to know, are they friend or foe?”
    The c
  • 6 Things to Ask Your Insurance Broker Before Renewing

    Employee health benefits renewal season is upon us, and you know what that means: It’s time to think about your company’s health and benefits coverage offering. And you’re likely not looking forward to it.
    Creating plans that have a meaningful impact on employees’ health can be a tough task, especially when few employees truly understand the value of their benefits package and only 52 percent say they are happy with them. But health benefits coverage is one of a company&r

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