Do you talk to your employees, or do you run past them in your hurried state? We know the challenges of small business owners all too well, but it's imperative that you stop for a few minutes and actually talk to your employees, not about work, but about their life, their family, and their concerns. Everyone has to eat, why not reward a job well done by taking an employee to lunch with you? Getting to know your employees and making them feel important will improve morale and productivity. 

Don't let the resumes pile up on your desk. There's a better way for small businesses to recruit. Streamline your efforts with our affordable online recruiting portal. Your first posting is free, and there are plans as low as $29/month! Claim your free job posting here:

http://register.hiringthing.com/partners/elitehrteam

ATTENTION ALL (soon to be) NURSING MAMA's: Our insurance companies are doing something right! Mechanical breast pumps are now covered! The amount covered varies by company, Coventry covers up to $300! A client got this bad boy at NO COST! All you need is a script from your doctor for a breast pump, with the diagnosis as lactating. Insurance is required to cover up to 1 pump a year, so if you are still pumping next year, you will qualify for an additional pump! Those motors do wear out over time... 

{What-Not-To-Do Wednesday} Don't ignore your HR function. It can be a valuable tool to catapult your business, protect your bottom-line, and create a culture of excellence when given proper attention. Most business owners are overwhelmed by keeping up with employee issues and employment law. The good news is you don't have to keep struggling. Just like you outsource your accounting, your web design, or your janitorial, you can outsource your HR function. Find out how here: www.EliteHRTeam.com

Edwardsville (KSDK) - Guns at work. It will be the new reality for some Illinois businesses, as owners adapt to the new concealed carry law. But not every workplace is allowing guns. The new law allows companies to ban firearms on their property. And since the first concealed carry licenses are set to go out in a few months, many business owners are still deciding whether to allow enact a ban.

Kandi Mensing owns an HR consulting business called Elite HR Team. She's still deciding whether to allow people to carry guns on her property.

"You have to be able to trust their judgment, and how they're going to utilize that weapon," said Mensing.

But she says there is also risk in banning firearms.

"You have to consider whether your employees' safety is at risk then because you didn't allow them to carry a gun if they wanted to," said Mensing.

So she's attending a seminar to learn more about the law. She'll also use the information to advise her clients.

"Whether you are for it or against it, you still have to have a written policy," said Todd Sivia, whose law firm, Sivia Business and Legal Services, is helping host the seminar.

Sivia says if the policy's not clear, it could create problems for the establishment, and its patrons.. Whether that's a store, church, or restaurant.

"The waitress sees a gun on the person you don't want them to run around saying 'I see a gun, I see a gun.' That's going to create a panic," said Sivia.

So businesses who ban firearms will have to post a sign at the front of their building to alert people before they walk in the door. And it's especially important for Illinois businesses to be clear about their policies, because having a gun where you're not supposed to is a misdemeanor in the state. That's one reason firearm safety trainer Allen Keilman is attending the seminar.

"I want to make sure I'm giving the right message to our clients," said Keilman. "They're good people. They want to do things the right way."

The seminar will be Thursday, January 16th, from 8 a.m. to 9:30 a.m. It's being held at the SIUE Morris University Center in the Hickory/Hackberry Room. The event is free and open to the public.

When life is dragging you backwards, remember you are getting ready to be launched into something great, like an arrow. Keep focus and aim.

Kandi discusses. 

Don't get caught in the mindset of thinking that providing your employees with a quality benefits package and good pay is bad for your bottom line. Not only are happy employees more productive and efficient, but they are more likely to stay, saving you the cost of finding and training new hires.

By: Kandi Mensing, SPHR, MBA 

In this blog post we address the following as it relates to employer obligations during inclement weather: 

1. Workplace Policies & Notification 
2. Payroll Obligations As Per The FLSA/DOL
3. Disabled & Handicapped Employees 
4. Employee Commute

First and foremost, you should have an employee handbook in place that includes a policy addressing bad weather situations. This policy should address employees reporting to work, employees calling off work, safety as it relates to inclement weather, telecommuting, and the company's procedures during inclement weather. The policy should be in place and communicated long before there is a need for it. 

You should also have a method of notification so that employees have a known way to verify whether or not they should report to work. This is not an obligation, but rather a good business practice. When you have a system, it makes your life a lot easier. Employees also like knowing what to expect. So, rather than leaving yourself wondering how you will notify your employees of a workplace closure, and leaving your employees wondering how they can find out whether the workplace is still open, put in place a policy and procedure to manage these situations. Your life will be easier. Your employees will be happier. 

Salary vs Hourly: One big question that always surfaces during times of inclement weather is whether you can dock an employee’s pay for not reporting to work due to the potentially hazardous weather conditions.

So, how do you handle pay questions under the Fair Labor Standards Act (FLSA)? If a company opens an hour late because of a snowstorm, should an employer pay employees who show up earlier because they didn't hear the announcement? What time does the workday end when employees are given the option to go home because of inclement weather? What do the payroll laws require if the company is closed for an all day snow day?

An employer should establish a policy covering emergency closing pay options before the need occurs, ensure that all employees are notified of the policy, and implement it consistently. To some degree, wages are governed by the FLSA. Many states have payroll laws covering this issue as well.

Nonexempt employees. Under the FLSA, employers are not required to pay nonexempt, hourly employees who report for work and then are told that there is no work for them. Neither are they required to keep employees working for any specific number of hours or to pay them for hours they were assigned to work, but didn't. The only exception to this is in the case of a union's collective bargaining agreement. 

Even so, most employers pay for time not worked when an emergency or snow day forces an early closing. However, if the facility is being kept open and employees are merely permitted to leave early at their option, hourly workers are usually not paid for the time off.

If employees show up and are asked to stay until the situation is assessed, they must be paid even if there is nothing for them to do. On days that the facility does not open (and especially when notice has been given) the FLSA does not require that hourly employees be paid. It is always a good practice to allow them to use their vacation and/or sick time to get paid for the time off. Even better, give them a bonus of sorts by paying them for the missed hours. 

Exempt employees. The payroll laws concerning exempt employees are more complicated. The FLSA does not require employer-provided vacation time. Where an employer has proposed a bona fide benefits plan, it is permissible to substitute or reduce the accrued leave in the plan for the time an employee is absent from work, even if it is less than a full day, without affecting the salary basis of payment, if the employee still receives in payment an amount equal to the employee’s guaranteed salary. However, an employee will not be considered to be paid on a salary basis if deductions from the predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business.

Therefore, if the employer closes the office because of a snow day or other disaster for less than a full workweek, the employer must pay the employee’s full salary even if:

·         The employer does not have a bona fide benefits plan;
·         The employee has no accrued benefits in the leave bank;
·         The employee has limited accrued leave benefits and reducing that accrued leave will result in a negative balance; or
·         The employee already has a negative balance in the accrued leave bank.

Since employers are not required under the FLSA to provide any vacation time to employees, there is no prohibition on an employer giving vacation time and later requiring that such vacation time be taken on a specific day(s); just make sure your policies are worded appropriately. A private employer may direct exempt staff to take vacation or debit their paid leave account in the situation presented above, whether for a full or partial day’s absence, provided the employees receive in payment an amount equal to their guaranteed salary. In the same scenario, an exempt employee who has no accrued benefits in their leave account or has a negative balance in the leave account still must receive the employee’s guaranteed salary for any absences occasioned by the employer or the operating requirements of the business.

If the employer’s offices remain open during inclement weather or other types of disasters, and an employee is absent for 1 or more full days for personal reasons, the employee’s salaried status will not be affected if deductions are made from the employee’s salary for such absences. An employee who is absent because of inclement weather, such as because of transportation difficulties, is absent for personal reasons. A private employer may require an exempt employee who fails to report to work to take vacation or make leave deductions without jeopardizing the employee’s exempt status. When the office is open, an exempt employee who has no accrued benefits in the leave bank account does not have to be paid (i.e., may be placed on leave without pay) for the full day(s) he or she fails to report because of such circumstances as a heavy snow day, but only for full days. 

We know this is complicated, so if you have questions contact us. 

So, what are your obligations around supporting an employee who's handicap or disability prevents them from reporting to work during inclement weather conditions? 

Attorneys suggest that you first address whether they are "handicapped" or "disabled" under state and federal anti-discrimination laws. Employees satisfy either definition as long as they are substantially limited in a major life activity such as walking or standing, or major bodily functions. If they satisfy the definition, the employer is obligated to participate in the "interactive process" which is a key mechanism for facilitating the integration of disabled employees into your workplace. This process requires open dialogue between you and your employee with the goal of identifying "reasonable accommodations" that will allow them to perform their job. An accommodation is deemed "reasonable" if it does not pose an undue hardship to your business. 

In these situations, it’s not uncommon for employers to take the position that, notwithstanding the employee's disability, the duty to accommodate does not apply to commuting because commuting to and from work falls outside of the work environment. In the related lawsuit, the court agreed with the employer, and the appeals court reversed the ruling, stating that “under certain circumstances the ADA can obligate an employer to accommodate an employee's disability-related difficulties in getting to work, if reasonable.”

Overall, if you can establish that an employee suffers from a handicap or disability, you must engage in the interactive process with them to determine if a reasonable accommodation exists that will ease the burden associated with their commute and disability.

The question of liability for an accident is a delicate one. All of the facts and circumstances will be taken into account in determining liability, but generally employers choose to allow employees to exercise their own judgment in determining whether roads are passable during severe weather. If the employer absolutely requires attendance at work and such a requirement is unreasonable, considering the weather and safety in travelling, the employer is more likely to be held liable for any injury that befalls the employee coming to work. 

Source(s): HR.BLR, FLSA, & DOL 

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