The DOL’s Plan to Hire 100 New Investigators – What This Means for Employers

Avoiding FMLA Violations

FMLA Violations have become far too frequent in the workplace. Employees became much more aware of their rights under FMLA during the COVID Lockdowns and many employers are finding it a challenge to fully grasp and to stay compliant with these regulations. Here are just a few of the recent violations that have occurred:

From Todays FMLA Violation Trends

LAKE CITY, FL—A DOL investigation found that an assisted living facility illegally terminated an employee after the employee exercised their federally protected medical leave rights. The employer was forced to pay the employee $1,894 in back wages.

What went wrong:

• The employer denied an employee medical leave under the FMLA despite the fact the employee met all eligibility and qualifying requirements for leave.

• The employer illegally terminated the employee after the employer failed to grant the employee protected leave for a medical condition covered by the FMLA.

ATLANTA GA – A DOL investigation discovered that the Georgia Department of Public Health wrongly disciplined and terminated an employee for absences protected under the FMLA. The department was ordered to pay $77,314 in back wages and reinstate the employee.

What went wrong:

• The department denied the employee’s request for leave for an FMLA-qualified condition.

• The employee’s denial of FMLA benefits resulted in wrongful discipline and subsequent termination. Employment Case Studies:

LOS ANGELES CA –A DOL investigation uncovered that a slaughterhouse and packing company illegally terminated an employee after the employee took FMLA-protected leave. The employee received $11,209 in back wages.

What went wrong:

• The employer failed to provide the employee with FMLA-related information prior to their medical leave.

• The employer did not inform the employee of their FMLA rights and protections. • The employer illegally terminated the employee after the employee took FMLA leave.

• The DOL determined that the employer violated the FMLA’s policy review and recordkeeping provisions.

LITTLE ROCK, AR—A DOL investigation found that a large waste management company illegally terminated an employee who used qualified FMLA leave to address a serious health condition. The employer was ordered to pay the employee $36,007 in back wages, which included wages the employee would have earned while they were unemployed and a 3% company-matched 401(k) contribution

What went wrong:

• The employer violated the FMLA when they terminated an employee for taking FMLA leave after the employee notified their supervisor of the need for medical leave. The employee’s leave request was approved by the employer’s third-party FMLA administrator.

• The employer recorded the employee absent on the first day of their FMLA leave and then promptly terminated the employee

The employer failed to rehire the employee after learning that the employee’s FMLA had been     approved.

FMLA Violations can be costly and detrimental to a company’s “culture”. It is practically a full-time job to fully understand and stay compliant with these complex regulations. AllMyHR is a practical cost-effective tool to strengthen and streamline your HR department’s compliance and many other HR responsibilities. For less that $.50 an hour, AllMyHR provides you the peace of mind knowing your HR Department is functioning at its peak so you can focus on what you do best! For a 10-minute walk through of our services, go to AllMyHR.com and schedule a 10-minute discussion.

The Real Value of Great HR

At AllMyHR, we know HR is key to the success of a business because it is our business. Recent findings from our State of HR survey reinforce this in new ways. It paints the picture of HR’s contribution to growth and productivity, as well as the challenges of burnout and lack of resources.  

Enterprise businesses already know this. They have robust HR functions leading their organizations and the business intelligence infrastructure to measure the impact. But small and mid-size businesses – the ones AllMyHR exists to serve – stand to benefit just as much from great HR yet lack the resources to do so. 

At AllMyHR, we are on a mission to close that gap, and we are excited to deliver a new level of expertise to the market to help our clients do just that. 

The Value of Great HR 

Let’s start with what we’ve learned. Earlier this year, our research partners surveyed nearly 2,700 senior business and HR leaders. In the last two-and-a-half years, these business and HR leaders have navigated business closures, the transition to remote work, regulatory changes, labor shortages, and most recently the prospect of an economic recession. From their feedback, we learned why during this period some companies not only survived but thrived, and why others didn’t.  

The takeaway? Today, HR is more important to a successful business than ever before.  

Business leaders recognize this. Before the pandemic, 50 percent of respondents described HR as very or extremely important. Now 66 percent of business and HR leaders see HR this way. 

This shift explains a lot of the trends the HR industry is seeing. Fifty-four percent of our respondents reported increasing their HR budgets during the pandemic. Nearly the same number, 53 percent, expect to raise it even more in the next 12 months.   

Healthy HR 

AllMyHR is the only company dedicated to addressing the HR and compliance needs of small and mid-sized businesses nationwide. Our system has guided small businesses through more than 1.3 million issues to date, and the breadth and depth of our expertise is not only HR, but the unique environment of small and mid-size businesses is unmatched.  

As our clients grow, their HR and compliance needs become more complex. The pace quickens, the variables expand, the importance of planning increases, and there are rarely black and white answers. It takes experience and expertise to know how to navigate these issues and transform actions into a strategy.  

Our report revealed four key building blocks for Healthy HR and better business outcomes: 

  • Good Work-Life Balance 
  • Potential for Career Growth 
  • Thoughtful Compensation 
  • Appropriate Workload 

The question for many small and medium-sized businesses is how to achieve these four building blocks – on top of managing day-to-day compliance – given their limited resources.  

Compliance is Just the Beginning 

This is where AllMyHR can make a big difference for small businesses. Our Guided HR Compliance (GHRC) program puts a dedicated team of HR experts, powered by our software and content, in your back pocket. With GHRC, your experts get to know you and your business, and can make sure your HR program is designed to meet your business objectives. 

The foundation starts with compliance, including fundamentals like onboarding a new employee through the I-9 process, updating an employee handbook, implementing state-mandated training, building job descriptions, or reviewing exempt and non-exempt employee classifications. 

Once the foundation is in place, your HR Advisor will help you implement leading practices to take your organization to the next level. This includes creating career ladders, establishing a pay and benefits scale, updating key processes like onboarding, or supporting investigations. 

HR and Compliance Made Simple 

If any of that stuff was easy, it would just be a checklist. But this level of customization and engagement requires a detailed understanding of each situation, each business, and each challenge. GHRC helps you build on your HR practices, pairing our expertise with your passion and creativity. Whether your goal is to sleep better at night, address some or all of the Healthy HR building blocks, or to meet your own objectives, GHRC can help you get there. 

We see the difference HR expertise makes in our clients’ businesses every day, and our recent survey data shows just what a big impact it can make. I can’t imagine a stronger business case for investing in HR. To learn more about Healthy HR and how GHRC can help you, schedule a brief conversation to discuss Healthy HR

What Is Discrimination?

Discrimination is often harmful, jeopardizing people’s jobs and careers, adding to their stress, and putting their health at risk. Employers who engage in or tolerate unlawful discrimination can face devastating lawsuits.

A hiring manager, eager to fill an exciting new role in the company, reacquaints himself with a candidate’s resume as that candidate takes a seat across from him. Looking up, the hiring manager jolts involuntarily, surprised to see a gray-haired man likely in his late 50s—a much older person than he had envisioned for this cutting-edge job. While the interview goes well, the hiring manager feels that the candidate’s age makes him a bad fit.

Elsewhere, a vice president ponders which project manager would be the best person to assign responsibility for the development of a new feature on the company’s signature app. Contingencies aside, the choice is clear: Mikalah has had far and away the most success of anyone on the team and is eager to jump into this new assignment. But Mikalah announced last week that she’s pregnant, and while she hasn’t yet requested leave, the VP assumes Mikalah won’t be able to do as good a job this time around. After a moment’s consideration, the VP opts to assign the project to Doug.

After receiving complaints about unequal pay, an HR director conducts a pay audit of their workplace, discovering that the complaints have merit. By and large, men in the company are paid more than women, and in many cases, the disparities seem to be based only on gender. Merit, seniority, and productivity didn’t seem to enter the equation.

Each of these scenarios illustrates what discrimination can look like in the workplace. Discrimination occurs when people are treated differently or less favorably; it becomes illegal in the employment setting when it’s because a person belongs to a protected group.

Discrimination is often harmful, jeopardizing people’s jobs and careers, adding to their stress, and putting their health at risk. Employers who engage in or tolerate unlawful discrimination can face devastating lawsuits.

Antidiscrimination Law

Under federal law, it is illegal for an employer to discriminate against an applicant or employee based on age (40 or older), disability, genetic information, national origin, race or color, religion, and sex (including pregnancy, gender identity, and sexual orientation). These are called protected classes. Federal law also prohibits discrimination against an individual who complains about discrimination, files a charge of discrimination, or participates in an employment discrimination investigation or lawsuit.

Federal antidiscrimination laws include, but aren’t limited to, the Age Discrimination in Employment Act (ADEA), Equal Pay Act, Genetic Information Nondiscrimination Act (GINA), Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act of 1964 (including the Pregnancy Discrimination Act). You can learn about the requirements of these laws, what exactly they prohibit, and the employee counts at which they apply on the platform.

State laws may offer additional protections to employees as well. For example, a number of states have amended their employment discrimination laws to specifically define race as including traits associated with race, including hair texture and protective hairstyles. Information about these laws is also available on the platform.

It’s worth noting that discrimination doesn’t have to be deliberate to be unlawful. Discriminatory outcomes, intentional or not, can put your organization in a world of hurt.

Types of Unlawful Discrimination

Unlawful discrimination will generally fall into one of the following categories:

  • Unfair treatment, which occurs when an employee or applicant is treated differently than others who are similarly situated because of a protected class or protected conduct.
  • Disparate impact, which can happen when a neutral employment policy or practice disproportionately impacts persons within a protected class.
  • Failing to undertake certain actions prohibited or required by law. For example, failing to reasonably accommodate a known disability of an employee or applicant.
  • Harassment, which is unwelcome conduct that is based on a protected class. This includes sexual harassment. Harassment becomes unlawful when either enduring the offensive conduct becomes a condition of continued employment or the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
  • Retaliation, which is punishing an employee (or treating them unfavorably) for complaining about job discrimination or assisting with a job discrimination proceeding, like an investigation or lawsuit.

The best way to avoid discrimination is to base employment decisions only on factors that are job related.

Responding to a Complaint

If you receive a complaint that an employee has violated your discrimination policy, conduct a complete and well-documented investigation into the allegations. Assume neither guilt nor innocence and make no promise of a particular outcome. Speak with the employee who made the complaint, the accused employee, and any witnesses they name. Ask open-ended, non-accusatory questions.

Once the investigation is complete, document your conclusions and actions taken. If you determine the accused employee did in fact violate the company’s discrimination or other workplace policy, take the appropriate disciplinary measures, which, depending on the severity of behavior, may include termination of employment. A memo summarizing the findings should be placed in the accused employee’s file.

It is then important to inform both the accused employee and the accuser about the conclusions of the investigation and any disciplinary measures taken. The complaining employee doesn’t need to know the specific disciplinary action, just that appropriate corrective action was taken. In some situations, it may be advisable to separate employees to limit the potential for future incidents, but care should be taken so this step doesn’t have a negative impact on the employee who raised the complaint.

Companies that do not make changes substantial enough to eliminate discrimination once they become aware of it face greater liability in the event of future issues. You can help reduce risk related to discrimination complaints by conducting a quick, thorough, fair, and well-documented investigation, followed by steps to minimize the risk of such actions happening in the future.

Is your company producing “Quiet Quitters”?

There has been a buzz of late regarding a growing portion of the US workforce that is being tagged as “Quiet Quitters”. Are you familiar with the term? 

It refers to those who purposely restrict their productivity to the absolute minimum, because “work is not their life.” It’s about “quitting” the idea of going above and beyond at work because they feel their “worth” is not defined by their productive output.

If you have employees who purposely are performing at “minimum” level; you can be assured, they are having a negative effect on those that work around them. Let’s face it, who wants to work with someone who does the “minimum”? People feel better when they work alongside high-performers and winners. They’d prefer not to associate with “slackers and losers”.

When employees perform at the “minimum,” they certainly aren’t motivated to learn more about your business, gain new skills or experiences that are essential to your company’s growth and the employees future opportunities. 

Knowledge is the key to both Personal and Professional Growth especially with today’s Generation X employee’s, yet still, too many employers have no formal training. Some business owners fear that if they invest in training and the employee leaves, they will have wasted their money. Perhaps a bigger concern might be that you never formally train an employee, and they stay!

What’s the best course of action?

Today’s employees have likely grown up with both parents working and are used to getting things done on their own. They tend to be independent problem solvers and self-starters. They want support and feedback, but they don’t want to be controlled. They are technologically literate, familiar with computer technology and demand quick access of Internet and the Web as their sources for locating information. They expect to be the recipient of legitimate training.

WAYS OF LEARNING

Life experiences shape the way people learn. The characteristics shared by many of today’s employees offer insight into new ways of learning and highlights the need for new approaches to teaching. To have maximum effectiveness, these programs should always “recognize quality of life needs”, promote innovative thinking, and provide skills enhancement.

  • Today’s employees are conditioned to expect immediate gratification. They are responsive, crave stimulation and expect immediate answers and feedback.
  • They know that they must continue to learn to be marketable and are lifelong learners. They do not expect to grow old working for the same company, so they view their job environments as places to grow. They seek continuing education and training opportunities; if they don’t get them, they seek new jobs where they can.

NEW TEACHING STRATEGIES

Managers and Supervisors must be aware of the need for continual updating of their own teaching skills and practices. Effective instruction requires the manager step outside their realm of personal experiences into the world of the learner…. It is the learner who must be engaged, for learning to occur and the learner must make the commitment to learn. 

Engaging learners in projects that demand new skills and the application of existing skills to new situations. Challenge them to construct knowledge from their experiences by connecting course learning to worksite applications. Keeping them engaged, learning new skills, and satisfying their appetite for growth keeps them challenged, enthusiastic and on your team.

So how is your company’s LMS program performing (Learning Management System)? It is not unusual for many Companies that we encounter to not have a system at all. There are typically 3 deterrents: 1) Too much Administration, 2) Too much Time Required and 3) Too Expensive!

 Experts agree that it is difficult to grow effectively without some sort of Training System. AllMyHR is delivering State of the art, quality Training to employers at a critical time and for a nominal cost!

Check out how you can help your employees become more engaged, more productive and help them realize their professional growth within your organization. 

Focus on Heat Safety to Manage Rising Temps

 
  • Rising temperatures are making heat exposures more dangerous
  • But there are things you can do to prepare for heat related illness at work
  • Some factors can make the risks worse employee by employee

Temperatures are getting higher every year. Long-lasting heat waves are becoming more and more common. For anyone who doesn’t work somewhere climate controlled, these widespread temperature increases can be dangerous. All of this underscores a need to focus on heat safety.

In 2019, 43 work-related fatalities occurred due to heat exposure, according to the U.S. Bureau of Labor and Statistics. In fact, between 2011 and 2019, BLS reports that 144 workers died from heat exposure in construction, repair, or cleaning. Another 54 workers died while conducting materials handling operations in extreme heat. In 2016, according to Safety+Health magazine, nearly half of all jobs required working outdoors. That’s a lot of people working in hazardous conditions.

Protecting employees from extreme heat is just as important as protecting them from sharp objects or car accidents. It really could save lives. In fact, OSHA states that employers must provide a workplace free of known hazards, and this includes extreme heat.

But the world can’t grind to a halt simply because it’s hot outside. This is especially true in places where it’s always hot outside. So how can you help make sure your employees stay healthy and safe?

COVID-19 put employee safety at the forefront of many businesses’ priorities. Heat safety should be no different. A safe work environment has become more important than ever. A safe workplace gives employees a lot less to worry about. They can instead focus on contributing their best and being productive each day. A focus on heat safety isn’t just about comfort. It’s about giving your employees clearance to feel safe and valued.

Defining Heat-Related Illness

So, what exactly causes a heat-related illness? According to OSHA, in a warm environment the body relies on heat dissipation to cool itself. Normally this happens from sweat evaporating off the surface of the skin. This is especially important for people who have active, strenuous jobs. And as everyone knows, you can accelerate heat dissipation by moving somewhere cool, like to a shady spot.

However, without adequate heat dissipation, internal body temperatures can rise to dangerous levels. Over time this causes thirst, irritability, cramping, rash, or heat exhaustion and heat stroke. Signs of heat stroke include confusion, slurred speech, and unconsciousness. Anyone noticing these symptoms in a fellow employee should call 911.

According to the CDC, heat can also increase the general risk of injury in workers. It can lead to foggy safety glasses or goggles, sweaty palms, and dizziness. Burns can also occur as a result of contact with hot working surfaces.

It’s paramount that employees and managers watch out for each other while on the job. Being able to recognize the signs and symptoms of heat stress is so important. Safety+Health magazine has some tips on how to recognize and treat heat stress in a fellow employee.

Symptoms of Heat Stress:

  • Feeling faint or dizzy
  • Excessive sweating
  • Cool, pale, clammy skin
  • Nausea or vomiting
  • Rapid, weak pulse
  • Muscle cramps

Treatment:

  • Get to a cool, air-conditioned space
  • Drink water if fully conscious
  • Take a cool shower
  • Use a cold compress

Heat stroke symptoms:

  • Throbbing headache
  • No sweating
  • Body temperature above 103° F
  • Red, hot, dry skin
  • Nausea or vomiting
  • Rapid, strong pulse
  • Loss of consciousness

Treatment:

  • Call 911
  • Take immediate action to help cool the worker until help arrives

For more information on other heat-related illnesses, review OSHA’s heat stress guide.

The Official Guidance on Heat Safety

OSHA states that dangerous heat exposure can happen indoors or outdoors and during any season. Millions of U.S. workers are at risk of dangerous heat exposure in their workplace. This affects both outdoor and indoor occupations as well. Outdoor workers are at special risk, including agriculture, construction, mail delivery, oil, and landscaping workers. For indoor workers, there is heightened risk in bakeries, kitchens, mills, fire service, manufacturing, and more.

For example, according to NBC News, U.S. farmworkers are 20 times more likely to die from a heat-related illness than workers overall. Currently, farmworkers labor through an average of 21 unsafe working days when the heat index reaches above 84° F. As temperatures continue to rise, this figure is expected to grow. Therefore, lawmakers are calling on OSHA to enact an enforceable standard to protect workers from the heat. Currently, OSHA only has regulations and recommendations.

But you don’t have to wait for OSHA to act to make your workers safe. Employers can act on their knowledge about the dangers of heat exposure. They have the power to enforce higher standards to protect workers and be aware of the dangers they face.

This isn’t as simple as saying you can’t let people work outside if it’s hot. It means maintaining awareness of the factors that contribute to heat stress. For example, if workers are wearing clothing that holds in body heat and reduce heat dissipation, that’s a risk. Environmental factors like sunlight and humidity can also contribute to it. Artificial heat sources like machinery, ovens, etc. are also a factor. Lastly, location plays a big part too. Are your workers in a confined space with an oven? Are they working outdoors without shade on a paved surface?

Preventative Measures

Whether the heat is natural or artificial, it can be tricky to know when things have arisen to a point of concern. Fortunately, OSHA recommends this device to measure heat stress in any environment.

Prevention and planning are your best friends when thinking about safety. That’s as true for heat stress as it is for any other kind of injury. Workers new to a job or not yet acclimated to hot weather are at heightened risk. They don’t expect the toll the heat can take on their bodies. Nor have they built up a tolerance to it.

In 2012 and 2013, 17 out of 23 workers who died from a heat-related illness were in their first 3 days of work. Eight workers died during their first day on a job.

Acclimating employees to a hot environment matters. Safety+Health reccomends caps on workloads for new employees, or those returning from time away. It’s recommended they do 20 percent of an average day’s work when they return and increase a little each day. Each increment should be no more than 20 percent.

When a heat wave sets in, employers and managers should follow a similar rule. At the start of the wave, have workers perform just 50 percent of their work that first day. Bump it up to 60 the next day, and 80 the next. This allows a workers’ body to build a tolerance to the heat. It will let them get used to performing routine tasks, such as lifting objects, that might be hotter than normal. Managers should not expect their employees to always output at 100 percent in extreme conditions.

Maintaining a Focus on Heat Safety

Although acclimatization is crucial, there are some other ways to prevent heat-related illnesses in your workplace. In 2005, California set a heat standard for outdoor workers. Their standards included the following recommendations for helping to mitigate heat-related illnesses:

  • Having clean, cool water available for workers
  • Offering shaded areas for when temperatures exceed 80° F
  • Ensuring at least a 10-minute rest break every two hours when temperatures reach 95° F
  • Promoting consumption of 4 cups of water per hour
  • Rescheduling hot jobs for cooler hours of the day, such as before sunrise
  • Monitoring workers wearing clothing that does not allow for much heat dissipation

Guidance for Managers

This guidance is simple for managers and team leads to incorporate each day. There are also ways to decrease the chance of heat-related illnesses on the job with engineering controls. According to OSHA, there are a few ways employers can mitigate heat-related illnesses:

  • General ventilation dilutes hot air with cold air and is usually a more cost-effective option. An installed ventilation system can handle entire buildings. A portable exhaust system can be effective in smaller areas.
  • Air cooling systems reduce the temperature of the air by removing heat (and humidity) from the air. These include air conditioning and local air cooling. Local air coolers are more cost effective and can reduce air temperature in specific areas. Some workplaces have a designated “cool room” in a nearby area for recovery from hot jobs. Another way to reduce heat stress is by placing fans in a workspace to cool workers. However, fans are only effective if the air is already cooler than the workers’ skin (less than 95° F).
  • Heat conduction blocking includes insulating hot surfaces that generate heat and changing the surface itself. Simple devices like shields can be used to reduce radiant heat.

Recommendations from OSHA

In addition to improving a worksite, employers should provide PPE to workers to help prevent heat stress. OSHA recommends the following PPE:

  • Reflective clothing can reduce the amount of radiant heat reaching the worker. However reflective clothing only works if it still allows for heat dissipation and sweating. Reflective clothing should be worn as loosely as possible to allow for sweating and evaporation.
  • Auxiliary body cooling ice vests can be heavy, but they can hold up to 72 ice packs. The cooling can last 2 to 4 hours depending on the heat load. They require frequent replacement as the ice melts, but they’re simple to replace and relatively inexpensive. OSHA also states that ice vests allow for maximum mobility and do not encumber the worker.
  • Wetted clothing is another simple and inexpensive personal cooling technique. It’s especially effective when used with reflective clothing and with good air flow and low humidity.
  • Water-cooled garments range from hoods, vests, or “long johns” which allow for partial or complete cooling. This equipment requires a battery-powered pump, a liquid-ice coolant, and a container. It limits the mobility for the wearer so this may make this option better for low-activity jobs.
  • Circulating air is the most highly effective, yet most complicated, personal cooling system. It directs compressed air around the body from a supplied air system. This improves both evaporative and convective cooling. Circulating air, however, is noisy and requires attachment to an air hose for a constant supply of compressed air. This can limit the worker’s mobility. In addition, because the air circulation feels cool, workers may not drink enough water while using this method.

Communicating a Focus on Heat Safety

You should talk about heat-related illness regularly with your teams. This is true of every workplace, but especially so if you have people working outside. OSHA has some tips on discussing heat safety with your employees:

  • Know the hazards of heat stress
  • Recognize predisposing factors, signs, and symptoms
  • Be aware of first aid procedures, and the potential health effects, for heat stroke
  • Understand employee responsibilities in avoiding heat stress
  • Know the dangers of using drugs, including therapeutic drugs, and alcohol in hot working environments
  • Require the use of the correct PPE

Personal Risks to Focus on for Heat Safety

Workers should be conscious of the risk of heat-related illnesses on the job. There are a number of factors that can increase the risk for heat-related illness. OSHA cites these personal risk factors:

  • Obesity
  • Diabetes
  • High blood pressure
  • Heart disease
  • Lower level of physical fitness
  • Use of certain medications such as diuretics and some psychiatric or blood pressure medications. Some medications limit an individual’s ability to sweat, minimizing a key sign of heat stress
  • Alcohol use
  • Use of illicit drugs such as opioids, amphetamines, or cocaine

Employers should recognize that not all workers can tolerate the heat in the same way. Workplaces should focus on making jobs safe for all employees. OSHA recommends workplace medical monitoring programs. These can identify workers who are at an increased risk of heat stress while maintaining their privacy.

Wrapping Up

There are many ways to help increase a focus on heat safety. You can make simple changes during a workday, like more effective PPE. You could also pay closer attention to air cooling in your work environments. Making heat safety top-of-mind for your employees helps them see risks at work and among their coworkers. Keeping your workers safe should be your top priority. Keeping an eye on heat safety will ensure that your employees stay healthy, happy, and productive in the future.

The Advantages of Skill-Based Training

Often, when employers hear about on-the-job training, the training pertains either to general knowledge or to policies and procedures that are unique to the companySkill-based training is somewhat different — it focuses on how to do something specific and results in a learned skill that can be put to immediate use. Here are some examples of how this training mechanism can be used:

  • Hazard communications
  • Performance management
  • Keeping your cool during a hostile phone conversation
  • Writing concise emails
  • Cybersecurity

This type of training is beneficial for most companies, but since good courses are often, but not always, an investment, HR professionals should focus on where they can maximize value. Two types of employees come to mind as the best candidates: those who want to succeed but are struggling to meet expectations, and top performers who you feel might be a flight risk.

For the strugglers, your clients must first find out what they need to learn to reach their potential. Are they spending way too much time trying to figure out Excel on their own? Are they a new manager that doesn’t know how to coach? Giving these people access to skill-based training could make a huge difference in both their efficiency and happiness—as well as your clients’ bottom line.

The high achievers, on the other hand, should be asked what they want to learn. Likely, they’ve already thought about next steps at your organization and in what new ways they could contribute. Your clients should give them a chance to shine! Their investment in their employees’ futures won’t go unnoticed; employees who receive training are more likely to be engaged and less likely to leave.

Whatever your clients’ training strategy, AllMyHR is here to ensure compliance, reduce risk, and drive engagement. Our extensive course library covers topics from employee onboarding and workplace safety to harassment prevention and cybersecurity. Expand your offerings through a partnership with AllMyHR. Request a consultation today!

A Safer Workplace is Within Your Reach

We all want what’s best for our businesses and employees. That’s why most employers understand the importance of focusing on health and safety. Sure, safety training and resources cost both time and money. But the longer-term savings of mitigating risks are worth it. Safer employers generally have lower insurance costs. They have fewer time loss injuries that can drain productivity. They have fewer lower risk of reputation and morale damage. However, for many small and medium sized businesses, the realities of time and financial costs can make this math more elusive.

But it doesn’t matter what kind of industry you’re in. Ensuring the health and safety of your staff is a core part of every employer’s duty. Every industry, from retail to construction, and every class of worker from office personnel to landscapers, bear risk. Those risks can act like fires. Left unattended, they can spread and cause catastrophic losses. Also, unless you have the right tools, even small fires can weigh down your business over the long term.

Safety Doesn’t Happen by Accident

As with HR, managing workplace safety hazards and complying with safety regulations can be confusing and time consuming. Many managers and owners just don’t have the time to navigate those complex rules all on their own. Nor do they have the budget to spend on stand-alone safety resources and consulting. 

So that leaves small businesses with a few options. They can bite the bullet and pay for expensive resources awkwardly scaled outside their niche. Or, they can cross their fingers and hope nothing bad happens and face the financial, productivity, and human costs of inaction. Fortunately, there is a third option.

With Employee Health and Safety from AllMyHR, you can offer safety training and resources right-sized for your small business. These resources are integrated with HR compliance tools, alongside personalized advice and guidance from HR, legal, and safety experts. 

Employee Health & Safety from AllMyHR includes: 

  • Personalized advice from a certified safety experts on workplace safety standards
  • Access to a library of safety plans and policies to ensure a safe workplace 
  • Training to educate employees about safe work procedures and more, including microlearning training courses, 5-minute toolbox talks and classroom training presentations 
  • Customizable and downloadable safety manual template to help reduce premiums and workplace accidents 

20 Core Safety Topics Include:

  • Accident Investigation & Reporting  
  • Back Safety 
  • Bloodborne Pathogens 
  • COVID-19 
  • Defensive Driving 
  • Distracted Driving  
  • Driver Preparedness 
  • Emergency Preparedness 
  • Ergonomics 
  • Fall Protection 
  • Fire Extinguisher 
  • Fire Safety and Prevention 
  • Hazard Communication 
  • Infectious Disease (e.g., COVID-19)  
  • Injury / Illness Reporting  
  • Ladder Safety  
  • Office Safety  
  • OSHA 300 Recordkeeping  

If you operate in a high-risk industry like construction, manufacturing, or utility work, we have you covered. You can choose from one of two add-on packages with expanded coverage for up to 70 specialty topics: 

Basic Client Package (30 Topics)

  • Aerial Lift Operation
  • Asbestos Awareness
  • Cal IIPP – Injury and Illness Prevention
  • Cold Stress
  • Compressed Gases
  • Confined Space Entry
  • Contractor Safety
  • CPR
  • Electric Pallet Jacks
  • Electrical Safety (General)  
  • Emergency Eyewash / Shower
  • Ergonomics
  • Eye / Face Protection
  • First Aid Responder
  • Flammable Liquids
  • Hand / Skin Protection
  • Hand And Power Tools
  • Head Protection
  • Hearing Conservation
  • Heat Stress/Stroke
  • Job Safety Analysis
  • Liquefied Petroleum Gas Safety
  • Loading Dock Safety
  • Lockout Tagout (Affected)
  • Lockout Tagout (Authorized)
  • Machine Guarding
  • Office Safety
  • Powered Industrial Truck
  • Respiratory Fit Test
  • Respiratory Protection

Premium Client Package (70 Topics)

  • Accident Investigation & Reporting
  • Aerial Lift Operation
  • Arc Flash (Electrical)
  • Asbestos Awareness
  • Back Safety
  • Behavior Based Safety
  • Benzene
  • Bloodborne Pathogens
  • Cal – Proposition 65
  • Cal IIPP – Injury and Illness Prevention
  • Chemical Process Safety
  • Cold Stress
  • Commercial Motor Vehicles
  • Compressed Gases
  • Confined Space Entry
  • Contractor Safety
  • COVID-19
  • CPR
  • Defensive Driving
  • Distracted Driving
  • DOT Placarding /Storage
  • Driver Preparedness
  • Electric Pallet Jacks
  • Electrical Safety (General)
  • Emergency Eyewash / Shower
  • Emergency Preparedness
  • Ergonomics
  • Eye / Face Protection
  • Fire Extinguisher
  • Fire Safety and Prevention
  • First Aid Responder
  • Flammable Liquids
  • Food Safety
  • Hand / Skin Protection
  • Hand and Power Tools
  • Hazard Communication
  • HAZWOPER
  • Head Protection
  • Hearing Conservation
  • Heat Stress / Stroke
  • Hot Work (Welding and Cutting)
  • Hydrogen Sulfide
  • Infectious Disease (e.g., COVID-19)
  • Injury / Illness Reporting
  • Job Safety Analysis
  • Lab Safety 
  • Ladder Safety
  • Lead Awareness
  • Liquefied Petroleum Gas Safety
  • Loading Dock Safety
  • Lockout Tagout (Affected)
  • Lockout Tagout (Authorized)
  • Machine Guarding
  • Material Handling and Storage
  • Mechanical Power Presses
  • Mold Awareness
  • Office Safety
  • OSHA 300 Recordkeeping
  • Overhead Cranes & Hoists
  • Personal Protective Equipment
  • Powered Industrial Truck
  • Respiratory Fit Test
  • Respiratory Protection
  • Scaffolding
  • Silica
  • Slips, Trips, and Falls
  • Trenches
  • Workplace Violence


Get Started with Employee Health and Safety Today 
  

Like we said, safety doesn’t happen by accident. If you are ready to start making a difference in your workplace safety culture, talk to your broker or partner, or contact us today to learn more about Employee Health & Safety from AllMyHR.  

Four Ways to Make Terminations Less Stressful


Nothing you can do will make terminations entirely stress free. But terminations are often far more challenging than they need to be. Good preparation and the right attitude will make a big difference. Here are four general practices we recommend.

In the 2009 movie Up in the Air, George Clooney and Anna Kendrick play corporate downsizers—HR consultants that companies across the country hire to terminate employees for them. The practice wasn’t exactly common at the time, and fortunately never took off, but it was believable.

Terminations are nerve-wracking. You’re doing something that’s going to cause another person incredible stress and financial hardship. It’s not easy to do, even when it’s deserved.

Nothing you can do will make terminations entirely stress free. But terminations are often far more challenging than they need to be. No, we don’t recommend flying in Anna Kendrick and George Clooney to conduct your terminations, as tempting as that may be. But good preparation and the right attitude will make a big difference. Here are four general practices we do recommend.

Know Your Compliance Obligations Ahead of Time

Look up applicable laws regarding termination procedures and paperwork, accrued paid leave, severance pay, COBRA, and final paychecks before conducting a termination meeting. If you’re laying off a number of employees, you may have specific notice obligations under the federal Worker Adjustment and Retraining Notification Act (WARN) or a similar state law. You don’t want to miss any steps or deadlines. If the employee works in a different state, refer to that state’s laws.

You should also understand how antidiscrimination laws work in practice and take steps to reduce the likelihood that the terminated employee will file a discrimination claim. While at-will employment allows either the employer or the employee to terminate the employment relationship at any time, with or without notice and with or without cause, it does not permit you to terminate employment based on the employee belonging to a protected class (e.g., race, sex, religion, national origin).

Along similar lines, screen the termination to make sure it’s not based on a protected activity. Myriad state and federal laws protect employees from being discharged for certain reasons. For example, Section 7 of the National Labor Relations Act entitles employees to talk about their wages or complain about working conditions with each other. A handful of states prohibit employers from terminating employees for engaging in lawful activities outside of work. Reporting unsafe working conditions is protected. And don’t forget about the many leave laws that vary from state to state: from sick leave to military leave to school-involvement leave and more, you may be surprised by the types of absences that are protected.

There’s even some risk when the termination is for cause. A terminated employee could claim your reasoning is just for show, and they were actually terminated for an illegal reason. That risk grows exponentially when you don’t provide the employee with a sensible reason for the termination or when you’ve been inconsistent in applying your discipline policies.

Consequently, the safest way to terminate employees is to communicate performance issues to them, give them a chance to improve, and have documentation that justifies the legitimate business reasons behind the termination. This documentation would include policy violations, instances of poor performance, and any disciplinary or corrective action taken. The documentation should indicate that the company communicated the issues to the employee. The more you can do to show you had a legitimate business reason and gave them an opportunity to improve, the harder it will be for an employee to fill in the blank with their own illegal reason for termination. The termination will be less risky, and you’ll feel better about the decision because you treated the employee fairly.

Approach Terminations with a Positive Mindset

Painful as they are, terminations can be a good thing. Yes, even for the terminated employee. Let’s say you have an employee who’s continually struggled to meet your performance expectations. Guidance and training haven’t proven fruitful. No amount of coaching has or would enable them to do the job better. There’s no other job in your organization they could do. So now you have a choice. You can keep them on, tolerating subpar performance and accepting its consequences for your organization, or you can let them go. In this case, letting them go is probably the better option for both parties.

You’re not doing this struggling employee any favors by keeping them in a position where they can’t be successful. You’re also setting them up for failure in future roles. Months or years of experience listed on their resume may help them land a future job, but if it’s a job they actually can’t do, their future employer will have the same choice you’re facing. And the employee will be no better off.

This employee has their own hard choices to face. They may need to develop skills beyond what you can provide, rethink what kind of work they’re suited to do, or make better choices about their future. Whatever the case, if you allow them to coast along, they’ll never thrive. Termination is in the employee’s best interest in these types of situations. We wouldn’t recommend telling the employee this, but it’s something to keep in mind when making this difficult decision.

In the case of layoffs, where the employee is not at fault, figure out a few ways you can help them land on their feet. Provide a severance if that’s an option. Remind them that they can apply for unemployment. Help them update their resume. Inform them of any opportunities you know about and facilitate networking connections if you can. In short, make the layoff meeting a productive discussion about their future. That’s going to be a hard discussion, no doubt, and it’s possible the employee won’t want to hear it. You can honor that too.

Be prepared for strong emotions like sadness and anger to surface during the termination meeting so that you can respond with confidence. While there’s a fine line between allowing space for initial processing and unnecessarily prolonging the meeting, you can acknowledge and validate the employee’s feelings without changing the end result. Although escalations into violence are rare, review your company’s procedures ahead of time for dealing with such situations.

Don’t Let Terminations Be a Surprise

Have you ever gotten an email from a boss saying something cryptic like “We need to talk”? You may immediately begin to worry. Are you in trouble? Are you getting fired? Until you have that talk, you can’t breathe a sigh of relief.

Why would your mind go there? It might be because you’re not clear on what could get you into trouble at work and you don’t feel safe. Vague out-of-the-blue messages are seldom a good idea. They’re a terrible practice when people believe that they could realistically lose their job for reasons unknown to them. That belief puts people on edge, inclining them to assume the worst when their manager reaches out without any context. Surprise terminations encourage everyone to adopt that belief and incentivize a culture of fear.

Terminations should never be a complete surprise. Yes, at-will employment allows you to terminate employment for any reason or no reason at all (as long as it’s not an illegal reason), but please don’t fire someone for any reason or no reason at all.

Clear rules and consistent practices are your friends here. Inform employees what’s expected of them and what could result in their dismissal—the employee handbook is a good place to do this. Enforce your rules consistently, not willy-nilly. If you let employees get away with policy violations, but then suddenly switch to strict enforcement, you’ll only create confusion and fear. You don’t need to follow the same process for every kind of offense—some behaviors may warrant immediate termination, for example. But don’t bend the rules for some employees and not others.

A coaching culture can also be your friend, especially with employees who are struggling to perform to expectations. If managers regularly work with employees on improving their performance and enhancing their skills, they’re in a good position to spot signs early on that a struggling employee may be more successful and happier doing something else. In some cases, good coaching means guiding an employee out of the organization. A loss is a loss, but guiding employees toward more suitable work elsewhere is usually much smoother and less disruptive than an involuntary termination. Plus, they leave with goodwill towards you. In situations where termination is the right call, if managers have had conversations with employees ahead of time about the consequences for failing to improve, they’ll have softened the blow when it eventually comes.

Lastly, don’t hide bad financials from employees. If business is slow and a layoff is possible, employees need to know so they can make informed financial decisions and contingency plans. They’ll be extra angry if they feel they’ve been lied to or misled. In an age where companies go viral on the internet for poorly conducting layoffs, it’s in your interest to be transparent and honest.

Stay Organized

Develop a checklist ahead of time of things that need to be covered. This list might include specific equipment and keys that need to be returned, passwords and access cards that will need to be disabled, coverage of the employee’s workload until a replacement is hired, notification to coworkers, vendors, and customers, COBRA information, a current address for W-2s, and what you’re going to say during the termination meeting.

Checking off boxes may feel impersonal, but the day of a termination is at the very least challenging for all involved, and at the worst chaotic, especially if you’re disorganized. Keeping the process smooth and orderly is both kind and professional.

Whether you’re facing a challenging termination or that new key recruit, you need to do it right! AllMyHR provides the tools and support you need to make sure your decisions are safe and best practices. You cannot be too careful… Contact us to schedule a free consultation and quick tour of our system to see how our HR solutions can create a compliant and stress-free environment for your organization | 540-373-2121 | AllMyHR.com

What To Do If One of Your Employees Is Diagnosed With COVID-19

What To Do If An Employee Has COVID-19

1. NOTIFY EMPLOYEES

If you have other employees who may have been exposed, you should notify them of the possible exposure immediately. By letting them know that an employee has been diagnosed they can gauge their own risk.

Remember that medical information must be kept confidential per the ADA, so it’s important not to disclose which employee was diagnosed. If your employees figure it out on their own that is ok, but make sure you are not the one to divulge that information.

Per the CDC, by following the Public Health Recommendations for Community-Related Exposure,  most workplaces should instruct potentially exposed employees to stay home for 14 days, telework if possible, and self-monitor for symptoms.

2. CLEAN & QUARANTINE

To prevent the spread of COVID-19, follow the CDC guidelines and your local health department recommendations on cleaning and possible quarantining.  For 24 hours (or as long as possible) you should close areas where the infected employee visited or worked and follow up with a thorough cleaning and disinfecting. 

3. Returning to Work

The employee who was diagnosed should work closely with their healthcare provider to determine when it’s safe for them to return to work.

For those that did not get tested but it is presumed they have COVID, they will probably be allowed to return to work when:

  • At least 24 hours have passed since recovery, defined as resolution of fever without the use of fever-reducing medications and improvement in respiratory symptoms and,

  • At least 10 days have passed since symptoms first appeared.

4. maintain Healthy business operations

COVID-19 has the potential to impact your business operations immensely. Designating a point person to handle all COVID-related issues can help minimize the impact.

Other things to keep in mind:

  • The Families First Coronavirus Response Act (FFCRA or Act) requires certain employersexternal icon to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.
  • Employers with fewer than 500 employees are eligible for 100% tax creditsexternal icon for Families First Coronavirus ​Response Act COVID-19 paid leave provided through December 31, 2020, up to certain limits.

Amber E.

Amber Signature

HR Manager

How can we help you with HR?

Schedule an AllMyHR™ Tour to see how our services help your business.

10 Reasons Successful Companies Use Employee Handbook Builders

10 Reasons Why Successful Companies Use an Employee Handbook Builder

1. time is essential

Coorporate will tell you anyone in HR will have a job description a mile long. HR positions can closely relate to therapists, employment lawyers, compliance experts, accountants, and let’s be honest, daycare providers.

Just kidding. Sort of. 

One thing is certain, time is not their friend. With so many projects and issues to handle every day, anything that can be streamlined should be streamlined. Every company worth it’s weight has a handbook, and when HR has to create a handbook, or update a seriously out of date one, using an Employee Handbook Builder instead of a template saves days of work. It also keeps everything digital for faster updating and reference. 

2. Automatic Compliance Updates

Keeping your handbook in compliance means editing your company handbook every time an employment law changes on a Federal, State, local or industry level. That’s a lot for your office manager or HR Person to keep up with. Depending on your location in the U.S, they could be looking at 2-20 changes every month. Depending on the handbook builder, these edits could go from hours of responsibility to an electronic system keep up with it for them.

(Not all builders are built the same, please ask about this feature or a free trial before purchasing.)

3. Editing is a breeze

In this digital age, keeping a handbook in an editable file is as simple as using Word. But Word won’t tell you when a policy is no longer compliant. This handbook builder will though. 

4. Policy Creation

No one relishes the day they have to create and implement new HR policies. Most of those in HR dread them. Researching, formatting and writing and possibly running it past the company lawyer for a sizable cost, can all be a headache. Not to mention implementing into company culture, obtaining employees signatures, and answering everyones questions.

Can you imagine your handbook writing these instead? Just a simple search and there’s an ERISA-Attorney approved policy to customize. It can’t chase down Warehouse John and make him sign it, but it can make the policy creation itself much more pleasant.

Your company may or may not have yet implemented a policy against creating employee nicknames. 

5. Electronic Signatures

So I lied. Some handbook builders do come with extra features, like electronic signatures, so it does actually chase down Warehouse John… digitally. If he hasn’t signed it, your office manager can just keep hitting send until he gives in and complies. Which makes compliance much easier on everyone. 

This feature may not be available for all builders, or may incur an additional cost. 

6. recordkeeping

“Is our handbook up to date? Who updated it and when was the last update? What was updated? Was everyone notified?”

Imagine a dashboard that keeps pristine records of every update without effort. 

7. Environmentally Friendly

Besides being HR Person friendly, having your handbook accessible digitally is environmentally friendly. And who isn’t on board with that?  

8. Makes Compliance Easy

All of a sudden, your handbook becomes its own compliance expert hands-free. A good employee handbook builder will help you build your handbook. A great handbook builder will update itself. And the latter can sometimes even cost less. Besides featuring automatic compliance updates, this particular handbook builder will alert your staff when policies are out of compliance. A few clicks is all it takes to get your handbook back in shape again. Sure beats paying for hours and hours for your HR person to research and update manually. 

9. Multistate Options

For companies with multiple state locations, compliance can prove incredibly difficult. Great handbook builders come with additional features, such as multi-state compliance options. I’ve had to use this feature for a few clients, and I’ll break down how easy this makes it by outlining the extra steps your HR Person will need to take.

Additional step one: Add the extra states. 

That’s it.

This handbook builder finds the necessary compliance for each state based on the number of employees present, city locations, industry and a few other specifications. They create one handbook, it breaks it into the number of states you’ve selected. Streamlined.

(This feature may not be available for all builders, or may incur an extra cost.)

10. Cost

If you’ve read this far, you are most likely really curious about what handbook builders cost companies. We’ve seen some HR companies sell just a simple handbook template for $50-$200. 

And many in HR will pay that not knowing there’s a better way.

The Employee Handbook Builder I referenced in the posts above, costs only $225 a year. That’s less than the two workdays it would take your staff to create one from scratch. I was skeptical, too. You can book a quick appointment to see how it works or check out a video tutorial

Better yet, for $99 a month a self-updating handbook could be the icing on the cake. Check out how you can get employee training, a Professional HR Team and much more free for two full weeks. 

If you decide you’d rather have them begin from scratch and spend days on a tedious project, at least take this handbook template free

Would you like to take a peek at 8 other tools all companies should know exist?

Amber E.

Amber Signature

HR Manager

How can we help you with HR?

Schedule an AllMyHR™ Tour to see how our services help your business.