2014 SHRM Knowledge Advisor Online Chat Transcript: HR Department of One Q: What are some suggestions on showing appreciation to employees for working hard on surge projects in ways other than paying them OT? A: There are many ways to show appreciation. But, studies consistently show that employees most appreciate extra money (bonuses) and paid time off. I would advise those being top two incentives. If that is not a possibility, there are other non-monetary rewards that can be provided such as public recognition, a coveted parking space, etc. Q: For those of you in an HR dept of one, I'd love to hear how many employees are in your organization. A: The ratio is still 1:100. Of course, the more complex the staff's needs are, the more HR employees may be needed. The HR Knowledge Center has resources with statistics based on surveys. Q: I'd love to get input on what tools HR Depts of One use to organize their work and maintain maximum efficiency. A: HR Departments of One will utilize tools taking their budget into consideration. This can entail HR software and/or outsourcing. Here is a link to illustrate resources that are available: vendor directory and HR outsourcing resources http://www.shrm.org/hrdisciplines/benefits/articles/pages/outsourcingresource.aspx Q: We are an IT company with federal contracts and are subject to the new Affirmative Action Plan requirements. Do we need separate plans for each: Veterans, Disabled, Section 503 of the Rehabilitation Act, and whatever more A: While not specifically required to, employers will maintain a separate plan for Minorities, Veterans and Disabled. Here are a few links to related resources that may be useful: Federal Contractor/Subcontractor Alert: New Affirmative Action Requirements Concerning Persons with Disabilities - Dec 2013 http://info.swlaw.com/reaction/2013/WorkplaceWord_2013_HTML/WPW_Dec_2013/WPW_Dec2013_ WEB.html Federal Contractors Should be Planning Ahead for the New Section 503 and VEVRAA Rules - Nov 2013 http://www.spilmanlaw.com/Resources/Attorney-Authored-Articles/Labor---Employment/FederalContractors-Should-be-Planning-Ahead-for-t Q: Can you recommend a standard policy for employment verifications? For example, "only position title and dates of employment will be provided verbally. Salary information will be provided with written authorization from the employee." Or do you recommend written requests for all verifications? A: This is a great SHRM Q&A that discusses how to handle employment verifications: When must an employer respond to a verification of employment request, and what information must or can be given? http://www.shrm.org/TemplatesTools/hrqa/Pages/Mustanemployerrespondtoaverificationofemployme ntreqandwhatinfomustorcanbegiven.aspx Q: Can you share what resources (programs, websites, etc), in addition to SHRM, that would be useful to single person HR departments? A: This book in the SHRM store is a good resource: http://shrmstore.shrm.org/managing-an-hr-dept-of1.html Q: We have employees that work overnight shifts for personal care of individuals with disabilities. Can we charge a flat rate for everyone across the board and is there a set number of hours that the rate encompasses? A: In short, what businesses charge clientele is a business decision, a bit outside of the scope of the realm of HR. In terms of how they are paid, they are usually paid on a salary basis and are exempt from overtime. Talk with other HR professionals by posting a question on the HR Talk Discussion Board at www.shrm.org/hrtalk Q: I would like to know how common is it for a HR Dept of one to also manage other work portfolios that are equally demanding of time? A: It really depends on the amount of HR work there is to be done. For example, if many HR items are outsourced (benefits administration, recruitment, etc) then it may be possible to perform other work. However, if nothing is outsourced and the employee count is high (i.e. more than 100) then it is unlikely that an HR Professional would be able to do other items successfully. Q: How do you retain EEO voluntary surveys manually? A: It may be best to retain EEO voluntary surveys separate and in it's own folder. Organizations should follow the federal retention requirements as noted in the following document: Federal https://docs.google.com/viewer?a=v&q=cache:SgQoQKnVbMJ:www.shrm.org/templatestools/samples/documents/federal%2520record%2520retention%2520c hart%2520-%2520revision%2520by%2520regan%2520812.doc%20record%20retention%20and%20timesheets%20and%20shrm&hl=en&gl=us&pid=bl&srcid=AD GEESjP9XTe7R-bGbC0_IgwO46-OlJ433E1D5Q-0TRpmGDNbgAIQAxWhWlLHThTCOqKvOQOFWegVrUTwUbR1djr1WpjOKQOE5AFpxDqZiHJT0_EM2vrodzB_u8MAwAJS8XXbUFVagM&sig= AHIEtbTvx6CmPH5V_7ZISZ5hDy7k9VQnhw Q: Being an HR office of One, I find it difficult to be recognized as much more than an Admin. Do you have any suggestions for improving this A: In order to ensure that HR is viewed as more than administrative support, HR professionals should ensure that their efforts are tied directly to the employer's business goals and mission. For example, recruiting efforts and benefit and compensation programs should be crafted and tailored to meet an organization's overall goals. HR professionals should also meet with department managers to determine how their part of the business works and what their needs are in order to be seen more as a business partner rather than admin support. Q: Our employees and prospective employees are always wanting to know a salary range for a job. Management feels this should be kept confidential. Do you have any recommendations for approaching this topic with employees and potential employees in the interview process? A: This is really a matter of personal choice. Honestly, I am a proponent of transparency when it comes to pay. If the employer is paying competitively, then there should be no problem in sharing that information. Employees who feel that an employer is not being honest about pay decisions could begin to become disengaged and look elsewhere. Q: Does anyone know of a free HRIS system or have a really good spreadsheet they are willing to share. A: SHRM may not make recommendations, but the following may be helpful for you. HRIS Vendors (sourced/not endorsed) Workday Human Capital Management http://www.workday.com/applications/human_capital_management.php HRIS Implementations http://www.acumensolutions.com/ Sage HRMS http://na.sage.com/us CheckPoint HR www.checkpointhr.com Epicor HCM http://www.epicor.com/pages/default.aspx Lawson Human Resource Management www.lawson.com Saba www.saba.com iCIMS Talent Platform www.icims.com SAP Business ByDesign www.sap.com Kronos Workforce Central www.kronos.com Ultimate UltiPro www.ultimatesoftware.com Q: Is there a central location one can find/purchase the needed forms for HR? I am starting an HR department from scratch. Thanks in advance! A: SHRM has sample forms, policies, etc. Here is a link to our site: http://www.shrm.org/templatestools/Pages/default.asp. In addition, here are resources for starting a HR Dept: Toolkit: Starting an HR Department from the Ground Up - Apr 2013 http://www.shrm.org/templatestools/toolkits/pages/startinganhrdepartment.aspx Human Resources Department Checklist http://www.bankersonline.com/operations/bm_hrchecklist.html How do I develop HR policies for a start-up from scratch? http://www.inc.com/articles/2000/08/20024.html Human Resource Department: How Do I Set Up? http://ezinearticles.com/?Human-Resource-Department:-How-Do-I-Set-Up?&id=187796 How to Start Up an HR Department in a Company http://www.ehow.com/how_6143298_start-up-hr-department-company.html The 13 Documents You Need to Start Your HR Department http://recruiterbox.com/blog/the-13-documents-you-need-to-start-your-hr-department/ Training on How to Run a Human Resources Department http://smallbusiness.chron.com/training-run-human-resources-department-2921.html Q: What is the average # of employees effectively handled by 1 HR person. A: The general rule of thumb for an HR-staff ratio has been 1 HR staff per 100 employees. This number can vary; however, depending on size of the organization and HR processes/workload (i.e. an HR department with more manual processes will tend to have more HR staff vs. an HR department with more automated processes). Industry-specific data can be obtained through SHRM's Benchmarking Service (fee based)- http://www.shrm.org/Research/benchmarks/Pages/default.aspx Here is a link to general HR-staff ratios by company size http://compforce.typepad.com/compensation_force/2010/05/how-big-is-your-hr-staff-how-big-shouldit-be.html Also, here is another resource that provides HR staffing ratios by size of employer that may be useful http://ipma-hr.org/node/21515 Q: How often are organizations requiring sexual harassment training? A: In short, many employers provide mandatory SH training once per year (annually). Employers should be careful to review state laws as some states may have more frequent requirements. Q: Does SHRM have databases for HR lawyers that specialize in small companies? A: SHRM does have resources to find consultants and employment attorneys. Here are those links: Employment lawyer directory http://attorneys.lawinfo.com/labor-employment/ Nat'l Employers Counsel Network http://www.hrhero.com/press/necn.shtmlom/press/necn.shtml Employment Law Directory http://dir.yahoo.com/business_and_economy/shopping_and_services/law/employment_law/ SHRM's Consultant Directory http://apps2.shrm.org/www/consultants/directory/default.asp Q: If I have part-time staff and they are let go...are they entitled to unemployment? A: In short, even PT employees can qualify for unemployment benefits when they are laid off. Q: As an HR department of one, I am wondering if you can share other resources, outside of SHRM, that would be helpful to me. Of specific interest is keeping up on laws and regulations in different states. A: HR professionals can search the Internet for a state's wage and hour website that provides their specific provisions. In addition, they can visit www.dol.gov and www.eeoc.gov for federal related provisions Q: How can an HR of One feel like they aren't stagnant in career growth when there's no room for promotions or management opportunities? A: I think it's really important to join a local SHRM chapter and network. This will help energize you and help you to feel connected with HR professionals in your area. I also think that continuing your professional development is essential. Whether that's taking a seminar or pursuing something more serious like a credential (PHR, SPHR, GPHR, etc), that will help to engage you in your career beyond what's happening in your workplace. Q: For my last two jobs, I've been a department of one and it gets a bit lonely, especially when there is no one else in the organization that really knows what I do. How does one combat that? A: Solo HR professionals should work directly with company management to understand their business role within the organization to become more of a strategic partner. As it relates to other HR support, you may wish to network with other SHRM members in your region. Here is a link to SHRM Chapter information that may be useful http://www.shrm.org/Communities/SHRMChapters/Pages/default.aspx Q: Where would I find a HR consultant to evaluate our operations, guide us to growing the department? A: SHRM has an extensive consultant directory. That can be found here: http://apps2.shrm.org/www/consultants/directory/default.asp Q: We do not currently have a HRIS in place (fingers crossed next year) in the meantime, do you have any recommendations on how to track employee training? A: That's a good question. In short, many employers create excel spreadsheets. You can ask other HR professionals by posting a question on the HR Tk Discussion Board at www.shrm.org/hrtalk Q: How do I get more engaged in the day to day business running. This is a very flat organization that hasn’t really had HR before. How can I build my credibility to engage with the few managers in the company in a more meaningful way? A: HR professionals can become more engaged by participating in operation focused meetings. Learning the business is critical in building credibility. Q: When and employee has exhausted their 12 weeks of FMLA and has not yet returned to work should some type of notification be sent to the employee? A: An employer should notify an individual when their FMLA leave has been exhausted as well as whether there are other company leaves of absence available to the individual should they need additional leave as a reasonable accommodation. Here is a link to a sample letter that may be useful http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/CMS_002204.aspx Q: Is there a good place to review current industry salaries by job title and region? A: Almost always, reliable salary information is something that would need to be purchased by an organization. Often, these companies will give you a discount if you participate. Some popular companies to purchase this information include: Mercer, Culpeper, CompData, ERI. Some free websites that may be less reliable include: www.salarysurvey.com and www.glassdoor.com Q: What are the pros and cons of having just one person run HR? A: The pros include being able to operate the HR department at one's discretion. The cons is the lack of manpower to handle all the different HR Disciplines such as benefits, compensation, employee relations, and health & safety Q: What dos HRIS stand for? A: It stands for Human Resources Information System (HRIS) Q: Where can I get training for administering Flexible Spending Accounts? A: I would suggest taking a look at the Employee Benefits Institute of America (EBIA). They have great training courses on benefits that are quite in depth. See www.ebia.com for more information. Q: Any suggestions to increase annual performance review submission when there is no longer pay for performance? A: In my opinion, the performance management process should be mandated by company authority, who ideally will lead by example. Employees (and managers) not complying with protocol should be disciplined. Q: How long do you suggest a person work in HR before they get their certification? I have worked in the field as needed by the company on and off for 7 years, but full-time for 1 year. A: The Human Resources Certification Institute (HRCI) has certain experience criteria before applying for the exam. The years of experience varies depending upon your level of education. To view that information, go to www.hrci.org and click on "exam preparation" and "prepare for certification" Q: Does SHRM offer a database for HRIS consultants who can help companies to automate their recruitment and benefits processes? A: Drew, you may find the SHRM Vendor directory helpful: http://vendordirectory.shrm.org/ Q: What to do when an Exempt employee requests unpaid time off for vacation? A: In general, employers can provide unpaid time off to exempt employees in full day increments without jeopardizing the exempt status. The salary basis requirement does allow employers to make full day deductions in certain circumstances - http://www.dol.gov/whd/overtime/fs17g_salary.pdf Circumstances in Which the Employer May Make Deductions from Pay Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Also, an employer is not required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. Q: Where can we find accurate HR salary data for a 1 person HR dept? A: Some or all of these salary survey resources may be available on a fee-only basis and/or participantonly basis. Cost was a secondary consideration in compiling the Express Request responses as our focus was to provide members a comprehensive resource to obtain industry- or profession-specific salary survey data. Human Resources Salaries: Stuck in Neutral - Dec 2012 http://www.shrm.org/Publications/hrmagazine/EditorialContent/2012/1212/Pages/1212-hrsalaries.aspx Lots of web extras with this article! 2011 Specialization Pays - Dec 2011 http://www.shrm.org/Publications/hrmagazine/EditorialContent/2011/1211/Pages/1211coombs.aspx Job Market Improving for HR Professionals Skilled in Comp and Benefits - Dec 2011 http://www.shrm.org/hrdisciplines/technology/Articles/Pages/HRJobMarket.aspx SHRM Compensation Data Center http://www.shrm.org/Research/SHRMCompensationDataService/Pages/default.aspx Surveys American Payroll Association: Survey of Salaries and the Payroll Profession http://www.americanpayroll.org/product/12/136 Culpepper Compensation Surveys http://www.culpepper.com/Surveys/Compensation/HR/default.asp http://www.culpepper.com/ ERI Salary Surveys http://salary-surveys.erieri.com/?fuseaction=SRSurveys.Salary-Survey&SurveyID=46&CountryId=193 http://salary-surveys.erieri.com/ ICT/Clayton Wallis http://www.ictcw.com/index.html Job Search Intelligence http://www.jobsearchintelligence.com/ Mercer http://www.mercer.com/shopbroker.htm Salary.com http://www1.salary.com/Human-Resources-Salaries.html http://www.salary.com/ WTPF http://www.wtpf.org/content.asp?pl=300&contentid=300 Directories of associations that may sell the data you seek: Yahoo! B2B http://dir.yahoo.com/business_and_economy/business_to_business/corporate_services/human_resour ces/organizations/professional/ Additional salary survey directories Job Star http://jobstar.org/tools/salary/sal-prof.php Business.com http://www.business.com/human-resources/salary-tools/ Know of an HR management salary survey source that's not listed here? Do tell! Please reply to this email with your suggestion - please include the name of the survey and the web site for obtaining more information about the salary survey. The preceding links are to helpful sites and directories of vendors who may provide the data you seek. The inclusion of these resources is not to be construed as an SHRM endorsement of these products/vendors. SHRM makes no claims as to the accuracy of the data provided in these resources. The resources were selected from key word searches of the Internet. Q: Any tips or suggestions about handling a worker's comp claim when the employee didn't report anything to us? How can you get any solid documentation to avoid a he said, he said type of situation? A: It may be best for the Workers Compensation coordinator to collect any information and evidence (i.e. witness statements, use of any surveillance equipment, claimant statement) and proceed with whatever information is available. It is practical to consult the Workers' Compensation carrier to discuss any lack of documentation and failure to report. Q: Does SHRM have an example of an HR Policy & Procedure Manual? Thank you. A: Yes, you can visit http://www.shrm.org/TemplatesTools/Samples/Policies/Pages/default.aspx to see our customizable policies on various topics Q: Looking for a couple ideas on developing a Strategic HR function within the organization. Can you direct me to a resource within SHRM? A: SHRM has some great strategic HR Resources. I would suggest starting with the "Engaging in Strategic Planning: http://www.shrm.org/TemplatesTools/Toolkits/Pages/EngaginginStrategicPlanning.aspx Q: How do you handle an employee on FMLA leave that does not return after the 12 weeks? Does additional paperwork from the healthcare provider need to be completed? A: Once FMLA is exhausted, there is no job protection unless ADA is an issue in which case the EEOC states an extended leave of absence is a reasonable accommodation. In the case that an extended leave of absence is needed, it would be practical to obtain more information to substantiate the need for an extended leave. Q: Is an employee allowed to substitute comp. time in lieu of overtime pay? A: Private employers with non-exempt (hourly) employees are not permitted to substitute comp time in lieu of overtime payments. However, public (government) employers can use comp time as long as certain conditions are met and this strategy can also be used for exempt (salaried) employees. See these resources for more information: Comp time law http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&sid=258a0faeeb6d2c4796574c97ccde99e6&tpl=/ecfrbrowse/Title29/29cfr553_main_02.tpl Frequently Asked Questions http://www.workplacefairness.org/index?page=comptime Q: How involved is the HR of one with payroll? A: An HR dept of one must work directly with Payroll to ensure that any employment, benefit or pay/position changes are properly processed as well as audited Q: I am really new to HR and am on my own. We have a few employees who are salaried. What is the standard for how many hours they need to work in a day to count it as a full day's work? Does that vary from state to state? Can we have them use annual leave to make up these hours? A: Exempt employees are paid on the salary basis. Salaries may not be docked in less than full day increments. Paid leave may be docked in any increments, as that is a matter of internal employer policy. Q: I am considering converting employee paper files to all electronic, cloud based. Is this practice an accepted one by leaders in the HR profession? A: In today's age, more and more employers are switching to electronic recordkeeping. It is becoming a standard practice amongst employers to maintain information electronically, as well as asking employees to complete (and sign) forms electronically. Q: Can you give suggestions for best practices on organizing personnel files (what should go in them and what should be housed elsewhere). Thanks A: Personnel file information is usually segmented as follows: 1. Official file - General job/performance-related information 2. Confidential information - tax forms, benefits forms 3. Restricted - medical information. Please see below for general guidance on the setup and content of employee personnel files that may be useful. Setting the Records Straight http://www.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0607cadrain.aspx (Please note: the article above mentions retaining I-9 information with personnel file information; however, it is recommended that I-9 forms are maintained in a locked file separate from the personnel file) Sample Checklist http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/personnelfileaudit.aspx Q: Is there a "rule" of how many HR personnel are needed depending on size of company? If you grow your department, how should you split up tasks? A: According to Robin Russell and David Harrop of McGladrey & Pullen, and authors of Staffing the Human Resources Function, the general rule of thumb is one HR person for every 100 employees. Comprehensive industry surveys report that 1 to 100 is the most common ratio of full-time professional HR staff to every 100 employees served by the HR Department In terms of breaking up the tasks, it depends on a HR departments specific needs and where more personnel may be needed for a particular function. Q: We have an employee that was going to be out for a couple of weeks and just found out that he will be out for much longer. I haven't sent him FMLA paperwork yet. Can you send me information on sample templates and things that I need to do to let the person know his rights? A: The DOL website has the FMLA forms. See this page: http://www.dol.gov/whd/fmla/2013rule/militaryForms.htm Q: What size company do you feel is better able to handle an HR dept of one? A: Typically, the HR staff ratio is 100 employees to 1 HR professional Q: Our company offers vacation time and sick time separately. Can an employee request to take sick time as a vacation day if the employee handbook does not specify? A: This is something that is entirely at the organization's discretion. I would advise making a policy decision/interpretation (to allow it or not) and then apply that interpretation consistently moving forward with future requests. Q: We don't have lots of available space for personnel files. Only HR has access to the files. Currently all information is kept in one, but I've heard lots of recommendations for separating medical from the regular file. How key a point is this? A: The Americans with Disabilities Act requires employers to keep medical information in a locked file separate from personnel files. Q: Is it permissible to pay an exempt employee overtime pay if they work beyond their regularly scheduled hours? A: Yes, an employer can pay an exempt employee "overtime" pay so long as the base salary remains intact. Here are some resources from the DOL that discusses this in greater detail: Overtime for Exempt Employees http://www.btlg.us/News_and_Press/articles/FLSA-overtime%20for%20exempt.html Rewarding Exempt Employees - Sept 2006 http://www.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0906agenda_compben.aspx Q: We have had our very first sexual harassment complaint. We don't have an official investigation form to use for this. Do you have any suggestions on where to find something? A: SHRM has a harassment form that is available for SHRM members and I am providing it below: http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_019885.aspx Q: We are an office of 6 and will be hiring +1 that will work remotely (another state). What is the best way to keep this staff member connected to the HQ office. A: The following resources should be very helpful for you: SHRM's Managing Flexible Work Arrangements Toolkit http://www.shrm.org/TemplatesTools/Toolkits/Pages/ManagingFlexibleWorkArrangements.aspx Five Tips for Managing Digital Nomads - Jul 2011 http://www.businessweek.com/management/five-tips-for-managing-digital-nomads-07222011.html Survey: Telecommuters Are Happier and Healthier - Jul 2011 http://www.shrm.org/hrdisciplines/benefits/articles/pages/telecommutershappier.aspx Managing Virtual Teams - Jun 2011 http://www.shrm.org/Publications/hrmagazine/EditorialContent/2011/0611/Pages/0611leonard.aspx Remote Talent Can Serve Up Big Opportunities - Mar 2011 http://www.shrm.org/hrdisciplines/benefits/Articles/Pages/RemoteTalent.aspx Commuting impacts job satisfaction - poll - Apr 2011 http://www.reuters.com/article/2011/04/26/uk-work-commuting-health-idUSLNE73P02H20110426 Effective Management is Top Mobile Workforce Concern - Dec 2010 http://www.shrm.org/hrdisciplines/benefits/Articles/Pages/MobileWorkforce.aspx Telework Experts Say Employers Can Manage Sight Unseen - Oct 2010 http://www.shrm.org/hrdisciplines/technology/Articles/Pages/TeleworkUpdate.aspx Stay Connected to Ensure Off-Site Employees Remain Engaged - Sep 2010 http://www.shrm.org/hrdisciplines/staffingmanagement/Articles/Pages/OffSiteEmployeeEngagement.a spx At Work in a Virtual World - Jun 2010 http://www.shrm.org/Publications/hrmagazine/EditorialContent/2010/0610/Pages/0610focus.aspx Q: Are there any "reliable" free web sites that would have this information? A: The only website I am aware of would be the Bureau of Labor Statistics (BLS), however, their information tends to be quite old, usually several years old. Q: At what point have you noticed it is time to expand HR? How many employees before it is realistic to pitch getting help? A: When an organization workload greatly increases , they decide to take on new initiatives or otherwise determines that more than one HR staff member is necessary, it must decide what level of HR positions are needed. Many employers have a two-person HR department, comprising an HR manager or senior generalist position and an HR generalist or HR administrator. An administrative position may be helpful for organizations that have a heavy administrative workload (filing, benefits administration and payroll). Other organizations may decide to hire an HR generalist to assist with recruiting and general employee and benefits issues, freeing the manager to concentrate on more complex employee relations and performance issues as well as to consult with management on strategic HR and business issues. As an organization’s needs grow and the HR department expands, the employer may choose to transition from hiring HR generalists to hiring HR specialists for recruiting, benefits, compensation and other tasks to provide more in-depth support to the various HR areas of responsibility. Organizations may also investigate whether outsourcing one or more HR activities would be cost-effective. Q: My company is about to reach the 50 employee mark and I am the only person in HR. I have reached out to SHRM advisors for help with new compliance terms and have received great resources. Any other advice from colleagues on how to keep organized would be great! My issue with being a department of one is staying on top of everything and fearing I will forget or overlook something! A: Josie, I'm flattered to hear you mention good things about the HR Knowledge Advisors. That's who we are :-) . To reach out to other HR professionals, please post your question on the HR Talk Discussion Board at www.shrm.org/hrtalk Q: Do pre-employment drug screening results and benefits enrollment forms need to be kept in a separate file outside from the employee's personnel file? Thanks. A: It is best for drug test results to be maintained separate from a personnel file. Benefit enrollment forms may be included in a personnel file as long as there is not any personal medical information included Q: I often get frustrated because policies are "verbal" at the company I work at and have requested "written" policies/handbook etc. to be in place to protect the owner and company. The owner does not want written policies because he feels the employees will use the written policies to manipulate their purpose. Any recommendations? A: As HR Professionals, it is really important to remember that we can provide our insight, our opinion, provide resources that support our suggestion, but ultimately, big decisions are in the hands of Executives. As much as we believe they should see our point of view, sometimes they will not. Just know that you've done your part in making sure the Executive has the resources they need to make an educated decision on the topic. Q: An employee took four weeks of "Medical Leave Without Pay". We are a small company with less than 50 employees. What are your thoughts about requiring employees to pay the full cost of benefits when they go on leave without pay? This is the entire portion and includes the part typically paid by the employer. If we were 50 employees or larger, FMLA would prevent us from doing so. A: Those not subject to FMLA and its maintenance of benefit requirements have the discretion to charge employees the full premium, COBRA, or contribution only. The decision to do so may be dependent on what an organization can afford to provide to employees on a non-FMLA leave of absence. Q: What is the best way to handle Compensation Surveys without spending loads of money? Our budget is small and my CEO doesn't want to pay thousands of dollars to obtain this information A: Employers with limited budgets may wish to check in regional salary surveys sponsored by local business groups. Some sites that provide free salary data are Salary.com and PayScale.com. SHRM also has an express request function that provides links to organizations that provide salary data that may be useful - When an organization determines that more than one HR staff member is necessary, it must decide what level of HR positions is needed. Many employers have a two-person HR department, comprising an HR manager or senior generalist position and an HR generalist or HR administrator. An administrative position may be helpful for organizations that have a heavy administrative workload (filing, benefits administration and payroll). Other organizations may decide to hire an HR generalist to assist with recruiting and general employee and benefits issues, freeing the manager to concentrate on more complex employee relations and performance issues as well as to consult with management on strategic HR and business issues. As an organization’s needs grow and the HR department expands, the employer may choose to transition from hiring HR generalists to hiring HR specialists for recruiting, benefits, compensation and other tasks to provide more in-depth support to the various HR areas of responsibility. Organizations may also investigate whether outsourcing one or more HR activities would be cost-effective. Q: I am looking at implementing a parking/mass transit benefit policy that grandfathers in current employees (the new policy will reduce benefits). Is there risk of us being found guilty of discrimination? A: While there is always a risk of discrimination, employers must always be careful to make employment decisions of all kinds based on strictly objective criteria. Something like how long they work with the company or whether they were employed by a certain date is objective. Nothing removes risk, but objective criteria reduce it. Q: What are common practices for access to confidential information (personnel files, compensation data, etc.). As an HR Dept. of 1, it's hard to have a "backup" Who commonly handles this in the absence of Human Resources? A: In my experience as an HR dept of one, Accounting was my "backup". They understood confidentiality and had access to a lot of information anyway. Q: Does this chat count towards PHR certification credits? A: Sorry, the chat is not available for recert credits. Q: Do we need candidates to complete a formal application for employment? If so, is there an application template? Are there other requirements that need to be done? If so, does it depend on the size of the company? A: It is a best practice approach to ask candidates to complete applications. It is a good way to ensure the same questions are asked and collected of candidates. Applications also require candidates to attest (sign) that the information is accurate, something that a resume does not. Here are some good resources on designing applications: Guidelines on Interview and Employment Application Questions Sep 2010 http://www.shrm.org/TemplatesTools/Toolkits/Pages/InterviewandEmploymentApplicationQuestions.a spx What commonly asked questions should not be on an employment application? - Jan 2012 http://www.shrm.org/templatestools/hrqa/pages/applicationslegalissueswhatcommonlyaskedquestion sshouldnotbeonanemploymentapplication.aspx Application samples SHRM Online http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_002126.aspx http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_002124.aspx http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_019550.aspx Q: Can you recommend a good timeclock/time & attendance system for about 25 employees. We would like to use it to track vacation time earned/used as well. A: We may not make recommendations, but you may find some excellent resources here: Vendor directory and HR outsourcing resources http://www.shrm.org/hrdisciplines/benefits/articles/pages/outsourcingresource.aspx Q: Who exactly should have full access to personnel files? A: Only those that "need to know" should have access to files. Typically, only HR would have access to the entire file, and then parts of the file are made available to those that may need it. For example, payroll may need benefits and tax information, or management may need salary history and performance information. Q: If you have a Program Director who supervises staff, but works in two different divisions at two different rates can they still be classified as Exempt as long as they receive the same bi-weekly and annual rate? A: If an individual is working two different jobs, an employer will need to look at all of the duties combined to determine whether the majority of their duties are spent in exempt level duties. If this is the case, an individual can be considered exempt as long as they are paid a guaranteed salary. If this is not the case, the individual would need to be considered nonexempt and would be entitled to overtime if applicable. Q: Does SHRM have a good document/template for tracking FMLA leave? A: We do. See these resources: See this page for sample FMLA Absence Tracking and FMLA Calendar spreadsheet downloads: http://www.shrm.org/TemplatesTools/Samples/Metrics/Pages/GeneralHumanResources.aspx What steps can an employer take to limit the abuse of intermittent FMLA leave? http://www.shrm.org/TemplatesTools/hrqa/Pages/FMLAAbuse.aspx Q: Where should you keep references information? What about background checks? A: In short, larger employers tend to keep pre-employment material separate from other personnel records. Smaller employers (less than 300) tend to keep those with the general personnel file. Q: As the new HR Generalist (Department), what suggestions do you have to transition managers into relaying information and documents regarding employee relations through HR before meeting with employees A: It is best to establish procedures and policies for management and HR to coordinate the lines of communication? A memo or training session should suffice. Describing the expectation and purpose for relaying the information will further illustrate the need for management to do so. This should assist you in implementing this procedure and gain the cooperation of management. Q: Do you think that HR is a job that should be hourly? A: It depends on the level of HR work that is being done. Many entry level HR positions are hourly positions while more senior positions such as Manager, Director, etc. are typically salaried. Q: Going back to the OT for exempt ee payments... we have a creative team who are exempt - but their hours are entered so that we can track project expenses and for client billing. The manager likes to pay the team a "bonus" that is calculated by hours worked over 40 per week x their hourly rate equivalent. Is this a safe practice? A: Exempt employees make salaries. As long as the salary is paid, anything paid on top of it is okay to do. Also, keeping record of the hours salaried exempt employees work is also okay to do, as long as those records are not connected to their pay. Q: With 130 employees, do you feel it is OK to ask employees to make appointments or call ahead before dropping in. A: The answer will depend on the needs and workload volume for that particular organization. HR should strive to be available as needed; however, there is nothing wrong having set hours for employees to visit HR or to take an employee's request or concern and let them know that you will follow-up with them within X hours/days Q: What are HR titles by rank? A: Each organization varies, but here's a pretty common escalation of HR titles: HR Assistant HR Generalist HR Manager HR Director VP of HR Chief HR Officer Q: Is two files enough to keep for an employee, one all medical, including worker's comp and one with basic info, app, tax forms, evaluations, disciplinary actions? A: Most employers should have at least 3 files for all employees. 1. private medical information 2. I-9's and 3. everything else Q: What is the feeling when you are the only one in the department, and in an official role, about going to lunch with employees? A: Relationships with co-workers is a delicate balance. It builds relationships to work together across functions. However, confidential HR information should not be discussed. It is not problematic to have lunch as long as HR issues are left out of any discussions. Q: Is HR dept of one also Payroll dept of one... what if we do all job duties? Would we benefit from hiring another person? A: Many HR depts. of one are also payroll depts. of one. In my experience, I was the payroll administrator and the HR Manager - alone. Q: How do you balance being an advocate for the employee and working for the administration? Many issues can conflict - which road do you take? A: I believe that an HR Professional's first priority is to protect the company. Sometimes, that means being an employee advocate and other times that means rallying for the business. With each instance, I would advise looking at that the situation from a "what's best for the organization" point of view. Q: What is the most effective way to obtain HR assistance? A: An HR department of one will need to educate themselves on the goals and mission of the organization and tie HR initiatives to those goals which will assist them in gaining the budget, resources and tools they need from upper management. Q: Does SHRM have a good file retention document....does it differentiate paper files from electronic files A: Unfortunately, there is no one law that defines a personnel file, or how long it should be retained. Rather, numerous laws each requiring employers to retain a specific item from the file. Most experts suggest a 7 year retention time frame to ensure compliance with all applicable state and federal laws. Below I've listed a SHRM Q&A that discusses this question in more detail. Q: I am new in this job and discovered we have been retaining terminated employee personnel and related files for 20 years. What is a recommended approach for maintaining terminated employee records? http://www.shrm.org/Publications/hrmagazine/EditorialContent/Pages/0907hrsolutions.aspx Retention Charts http://www.lindquist.com/files/Publication/ea5c24cd-da09-4df4-a5f8308e8775ffb8/Presentation/PublicationAttachment/bcac025b-2d60-445d-8c738eb3b1d631e4/Record%20Retention%20Requirement%20Guide.pdf http://portal.hrthatworks.com/NewsletterPDFs/PersRcrdRetntionCklst.pdf Q: What type of files should managers hold onto A: Managers should hold on to nothing beyond what HR is holding on to. They should retain anything pertaining to employees and the employment relationship. Complying with Workplace Records and Reporting Requirements - Toolkit - Feb 2012 http://www.shrm.org/TemplatesTools/Toolkits/Pages/RecordsandReportingRequirements.aspx RECORD RETENTION REQUIREMENTS SUMMARY GUIDE 2012 http://www.lindquist.com/files/Publication/ea5c24cd-da09-4df4-a5f8308e8775ffb8/Presentation/PublicationAttachment/bcac025b-2d60-445d-8c738eb3b1d631e4/Record%20Retention%20Requirement%20Guide.pdf Managing Personnel Records: Practical, Legal and Security Issues - Toolkit - Nov 2010 http://www.shrm.org/TemplatesTools/Toolkits/Pages/ManagingPersonnelRecords.aspx Q: We have an even split of remote (home-based) and headquarters-based employees. I am looking for ways to keep remote employees feeling engaged and part of a team. A: Here are a few resources that discuss remote workers and inclusion efforts that may be useful: SHRM's Managing Flexible Work Arrangements Toolkit http://www.shrm.org/TemplatesTools/Toolkits/Pages/ManagingFlexibleWorkArrangements.aspx Five Tips for Managing Digital Nomads http://www.businessweek.com/management/five-tips-for-managing-digital-nomads-07222011.html Survey: Telecommuters Are Happier and Healthier http://www.shrm.org/hrdisciplines/benefits/articles/pages/telecommutershappier.aspx Managing Virtual Teams http://www.shrm.org/Publications/hrmagazine/EditorialContent/2011/0611/Pages/0611leonard.aspx Remote Talent Can Serve Up Big Opportunities http://www.shrm.org/hrdisciplines/benefits/Articles/Pages/RemoteTalent.aspx Effective Management is Top Mobile Workforce Concern http://www.shrm.org/hrdisciplines/benefits/Articles/Pages/MobileWorkforce.aspx Telework Experts Say Employers Can Manage Sight Unseen http://www.shrm.org/hrdisciplines/technology/Articles/Pages/TeleworkUpdate.aspx Stay Connected to Ensure Off-Site Employees Remain Engaged http://www.shrm.org/hrdisciplines/staffingmanagement/Articles/Pages/OffSiteEmployeeEngagement.a spx Q: The company I work for does not have job descriptions or exempt vs. non-exempt. My boss tells me that all salaried employees are exempt...is this true? If an employee "voluntarily" works overtime is it ok to pay at a straight rate? A: The Fair Labor Standards Act (FLSA) is a federal law that defines the instances whereby a job can be classified as "exempt" thus "exempting" the employee from overtime pay in exchange for receiving a guaranteed weekly salary. Under the law, in order to take away an employee's right to earn overtime, the job the employee is performing must pass one of the several exemption tests that have been developed by the Department of Labor. SHRM has collected multiple resources to help members determine whether or not a position meets the FLSA criteria to be classified as "exempt" from overtime requirements. The classification of a particular employee as exempt or nonexempt must be made by someone with detailed knowledge about the employee's salary and duties. Employers who are uncertain about an employee's status would do well to err on the side of caution and classify the worker as nonexempt to ensure they have full protection of the law. U.S. DOL's elaws - Main Menu http://www.dol.gov/elaws/esa/flsa/overtime/menu.htm Once you click on one of the exemption categories (i.e., executive, computer related occupations), you will be asked to answer a series of questions regarding the position you wish to classify. If you're not sure which exemption to start with, you may like to begin with the occupational index. This index of job titles and duties, which is by no means an exhaustive list, is provided as a guide to help users of the FLSA Overtime Security Advisor determine where to begin their analysis of exempt versus nonexempt status of a particular employee. SHRM's Exemption Flow Chart http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/CMS_009647.aspx SHRM's FLSA Exemption Questionnaire http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/CMS_009647.aspx SHRM's FLSA Fair Pay Employee Survey http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/CMS_013939.aspx Q: What is the best way to prepare for the transition of becoming a company of 50 or more employee? A:http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Docume nts/FederalLawThresholds.pdf contains federal laws by number of employees. HR professionals meeting 50 employees can utilize this tool to prepare. In addition, the links included provide further information on each federal law for more information on each federal law. Q: How long should you keep medical files of employees who have been terminated? How long should you maintain applications? Is it current year plus one or two years? A: Complying with Workplace Records and Reporting Requirements - Toolkit - Feb 2012 http://www.shrm.org/TemplatesTools/Toolkits/Pages/RecordsandReportingRequirements.aspx RECORD RETENTION REQUIREMENTS SUMMARY GUIDE 2012 http://www.lindquist.com/files/Publication/ea5c24cd-da09-4df4-a5f8308e8775ffb8/Presentation/PublicationAttachment/bcac025b-2d60-445d-8c738eb3b1d631e4/Record%20Retention%20Requirement%20Guide.pdf Managing Personnel Records: Practical, Legal and Security Issues - Toolkit - Nov 2010 http://www.shrm.org/TemplatesTools/Toolkits/Pages/ManagingPersonnelRecords.aspx SHRM Multi- State Chart- Recordkeeping/Access to Personnel Files http://www.shrm.org/LegalIssues/StateandLocalResources/StateandLocalStatutesandRegulations/Docu ments/Recordkeeping-access%20to%20files.pdf PERSONNEL RECORD RETENTION CHECKLIST http://portal.hrthatworks.com/NewsletterPDFs/PersRcrdRetntionCklst.pdf Q: When would a "contingent" position become permanent part time? A: This is something that would be determined by the employer as there is no regulated definition of employment categories (i.e. temporary, contingent, etc) Q: Is it required that we have an employee manual? If so, what are the requirements? We have our polices posted on our intranet, but don't know if that is enough. A: It is not required to have an employee manual, but it helps. The employee handbook is recognized by human resource professionals as an essential tool for communicating workplace culture, benefits and employment policy information to employees. An employee manual typically describes information about the employer's employment practices, company benefits, equal opportunity commitments, attendance guidelines, pay practices, leave of absence procedures, safety issues, labor relations matters and sanctions for misconduct. Employee Handbook Updates for 2013 http://www.shrm.org/hrdisciplines/employeerelations/articles/Pages/Employee-Handbook-Updates2013.aspx General/How To …. Global Employee Handbooks Must Balance Compliance with Culture - Nov 2013 http://www.shrm.org/hrdisciplines/global/Articles/Pages/Global-Employee-HandbooksCompliance.aspx Toolkit: Developing Human Resource Policies and Handbooks http://www.shrm.org/TemplatesTools/Toolkits/Pages/DevelopingHumanResourcePoliciesandHandbook s.aspx Revisiting Employee Handbooks - Sep 2012 http://www.shrm.org/LegalIssues/EmploymentLawAreas/Documents/LRReport0912.pdf How to Develop an Employee Handbook http://www.shrm.org/TemplatesTools/HowtoGuides/Pages/DevelopEmployeeHandbook.aspx @HR Advisors: You all are doing a WONDERFUL, WONDERFUL JOB! How impressive and learning so much! This has been very informative and helpful. Thanks to all!! Q: Does SHRM have a good template for performance evaluation? http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_022791.aspx Q: How long do you need to retain job applications, resumes for non-hires? A: Title VII of the Civil Rights Act requires employers to retain all records tied to a particular hiring decision for a period of 1 year. Federal contractors are required to retain applications for 2 years under OFCCP regulations. This would include all applications and resumes received for a particular position, even those who were not interviewed or hired. Q: If you store all documents electronically, are you okay shredding the paper? I-9s included? A: In regards to electronic record retention, an employer may keep their personnel and other records electronically as long as certain protocols are observed. If an employer does utilize an electronic recordkeeping system, they must ensure that the data is stored in such a manner that it is securely maintained via firewalls and other security measures, is backed up and provides a way to produce hard copies of information if necessary (for example, in cases of litigation). Here is a link to a related resource that may be useful: SHRM Q&A - General: Personnel Records: Our company is considering converting our hard copy HR/personnel records to electronic records. What important factors should we consider when converting to electronic format? http://www.shrm.org/TemplatesTools/hrqa/Pages/convertingfiles.aspx If an employer follows guidelines similar to those outlined in the article above, they could potentially destroy their hard copy records; however, employers should also consult with legal counsel first to confirm appropriate record retention strategies (to include any information that legal counsel may suggest to keep hard copies of based on company history/past litigation experience) as well as a destruction schedule that will meet the organization's needs. Great chat today. This is my first one. This has been very informative. Thanks a bunch!! This is my first time participating in a chat like this. Yes, thank you everyone, for all the questions and the great answers from the advisors! This has been informative. Thank you. Great to know we aren't alone! Q: Do employees that work in other states fall under the laws of the corporate location or those of the state in which they work? A: In short, most of the laws of the state where person work will be relevant, but some laws of the state where the employer is located will also be relevant depending on the law. Employers should be careful to examine the laws in both states just to be sure. Legal counsel is usually a good resource, too. This is my first chat and I am learning so much. Thank You Advisors! I don't feel so alone! Q: I have recently transferred into our HR Department of one from a totally different dept. My predecessor is not available to train me. Where should I begin? A: There are resources from SHRM and the Internet that address an HR department of one and running a HR Department (see below). In addition, SHRM offers seminars to further one's knowledge of HR http://www.shrm.org/Education/SEMINAR/Pages/default.aspx HR of one http://shrmstore.shrm.org/managing-an-hr-dept-of-1.html http://www.talentculture.com/leadership/survival-tips-for-hr-departments-of-one/ Starting HR Dept. Starting an HR Department Toolkit: Starting an HR Department from the Ground Up - Apr 2013 http://www.shrm.org/templatestools/toolkits/pages/startinganhrdepartment.aspx Training on How to Run a Human Resources Department http://smallbusiness.chron.com/training-run-human-resources-department-2921.html HR Audit to determine gaps: http://www.laborlawyers.com/files/12635_Employment%20Practices%20Checklist.pdf http://www.shrm.org/TemplatesTools/HowtoGuides/Pages/ConductanI-9Audit.aspx http://www.irs.gov/pub/irs-tege/pub4531.pdf http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/personnelfileaudit.aspx http://complianceplusllc.com/basichrchecklist.pdf http://alternativehumanresource.com/wp-content/uploads/2011/06/AHR-Checklist.pdf http://smallbusiness.chron.com/hr-audit-tools-59891.html http://www.shrm.org/TemplatesTools/Toolkits/Pages/HumanResourceAudits.aspx Q: When updates and changes are made to the employee handbook are you required to redistribute to all? Additionally, if no changes are you required to send this out annually, etc.? A: There is not a law that regulates this, but often times, employers use policies as a way to enforce or support a decision they've made (like a termination). If an employer is looking to use their handbook/policies in this fashion, then it is important to make sure these policies are communicated as a defense -- to demonstrate -- that employees were informed of the policy. Q: Can we terminate someone coming back from maternity leave if they were on a performance improvement plan prior to the leave? A: If an employer is contemplating termination of an employee returning from a maternity or FMLA leave of absence, they will want to have documentation that supports the reason for an adverse employment action and also be able to show that the action would have occurred regardless of the employee exercising their leave rights. Q: My company is nearing the 50 US employee mark, at what point does FMLA kick in, as soon as we hit 50 or is it at the beginning of the following year? A: FMLA is for employers with 50 employees for 20 weeks in the previous or current year and within a 75 mile radius, not as soon as they hit 50 employees. Q: In regards to FMLA. I have never seen a template which includes a waiver. Is it advisable to receive a signature as evidence of providing the documents? A: Based on my experience, FMLA is a federal entitlement. That is to say if the employee needs it, and they are eligible to receive it, then it is the employers obligation to provide it. I do not think that an employee can "waive" their rights under FMLA, particularly as it is the employer who is required to comply with the law, not the employee. Q: How do I complete an HR audit to make sure we are in compliance? A: You can take a look at our HR Audit toolkit to get a comprehensive view of the process: https://www.shrm.org/TemplatesTools/Toolkits/pages/humanresourceaudits.aspx Q: What course do I start with first in order to begin getting my SHRM cert? Are the courses a prerequisite for the SHRM prep test course, or can I just skip the HR Generalist, etc., classes and go straight to the test prep course? Thank you A: I would suggest taking the cert prep course. It focuses on the learning system and is a great way to get the information you need and prepare you for the exam. Q: Is it considered acceptable to keep I-9's in the personnel file? A: No - I-9 forms should be maintained separate from the personnel file. To leave this form in the personnel file could lead to national origin discrimination claims. Q: I'm in an office of 1 HRG with 85 union employees and 30 salary exempt/non-exempt employees. Do you have suggestions on how to get everything done? A: Although the typical HR ratio is 1 to 100, when one takes into consideration payroll, benefit, employee relations and labor relations (CBA), those with a HR department of one can outsource some of these areas to better manage its HR responsibilities. Here is a resource for outsourcing: http://www.shrm.org/hrdisciplines/benefits/articles/pages/outsourcingresource.aspx Q: Do you have a sample diversity plan template? A: We do! Here are some sample diversity plans we have collected: http://www.alz.org/resource... http://www.alz.org/resources/diversity/downloads/about_samplediplan.pdf http://diversity.gsfc.nasa.gov/DCPrivate/Diversity_StrategicPlan.pdf http://www.osu.edu/diversityplan/index.php I learned a lot today. Thank you! Q: Bullying is a phrase that we hear about more and more in the workplace. In a situation where the bullying has nothing to do with any protected class, are there any resources to help us determine the seriousness of the bullying in which we would need to do certain things to limit our risk? A: In short, bullying is bullying, protected classes notwithstanding, and employers must use essentially the same tools to address it. It is always serious. Here are some excellent resources: Contrary to the expectations of most citizens, while it may be both immoral and unprofessional, it is not illegal in the United States for managers to threaten, insult, humiliate, ignore or mock employees; give employees "the evil eye"; gossip and spread rumors; withhold information that employees need to complete their work; or take credit for someone else's work. Unfortunately, these types of behaviors are not rare occurrences, but occur all too often in many American workplaces. The physical or emotional health (and sometimes both) of employees working in organizations where these types of actions are taking place are often severely impacted. In addition, the confidence of the targeted employee is frequently so destroyed by the repeated negative actions that they lack even the courage necessary to leave such a toxic environment. Instead, they find themselves trapped in a world of psychological abuse - targets of a phenomenon that has been labeled workplace bullying. Read the rest of the Stop Bullying at Work book excerpt at: http://www.shrm.org/publications/books/pages/excerpt--stopbullyingatwork.aspx Freedom from Workplace Bullies Week October 14-20, 2012 http://www.workplacebullying.org/freedom-week/ ARTICLES What to Consider When There is Workplace Bullying - Dec 2012 http://www.shrm.org/templatestools/hrqa/pages/yellinganddegrading.aspx How Do I Conduct A Workplace Investigation Into Bullying When There Are No Witnesses? - Oct 2010 http://www.shrm.org/templatestools/hrqa/pages/investigationintobullying.aspx Workplace Bullying: The Problem - and Its Costs - Are Worse Than We Thought - Jul 2012 http://business.time.com/2012/07/12/workplace-bullying-the-problem-and-its-costs-are-worse-thanwe-thought/ Bullying Is a Confidence Game - Jul 2012 http://blogs.hbr.org/2012/07/bullying-is-a-confidence-game/ Why companies must stop office bullying - Jul 2012 http://www.cbsnews.com/news/why-companies-must-stop-office-bullying/ Dealing With Workplace Bullies - Jul 2011 http://www.shrm.org/legalissues/legalreport/pages/workplacebullies.aspx HR Urged to Make Organizations Bullyproof - Nov 2011 http://www.shrm.org/hrdisciplines/safetysecurity/articles/Pages/Bullyproof.aspx My first chat and I also found it very informative. Thank you. Great chat today. This is my first one. Q: How long does a company need to retain I-9's? A: The I-9 retention rule is one of the most complex federal retention rule that exists. This is a great How to Guide on the retention of I-9's: How to Retain and File I-9 Forms: http://www.shrm.org/TemplatesTools/HowtoGuides/Pages/RetainandFileI-9Forms.aspx Q: After a merger of two companies, does the new company have to get I-9's from all of the employees that they bring over from another company? We pulled all of their files and discovered the old company never did any I-9's. Are we out of compliance? A: Yes - an employer would need to obtain I-9 forms for all employees hired after November 5, 1986. When an employer takes over another company, the acquiring company is then obligated to ensure that they have I-9 forms for all acquired employees. If any forms are missing, it is the obligation of the new company to get I-9 forms completed. Q: What do I look for when seeking an outside HR consultant to assist with determining compensation strategies for a business of 6? A: Here are some great resources on selecting consultants: Clients & Consultants: Signs of a Good Match - May 2004 http://www.shrm.org/hrdisciplines/consultants/Articles/Pages/CMS_008716.aspx What Businesses Look for in an HR Consultant - Aug 2002 http://www.shrm.org/hrdisciplines/consultants/Articles/Pages/CMS_008761.aspx Partnerships Can Help a Consultant's Business Grow - Jan 2007 http://www.shrm.org/hrdisciplines/consultants/Articles/Pages/CMS_020057.aspx Adopt these seven strategies to ensure you get the most from a consultant: http://www.digital-women.com/cgi-sys/suspendedpage.cgi Deciding to Hire a Consultant http://www.planning.org/consultants/choosing/part1.htm How to Select A Consultant [Doug Williams - Doug Williams and Associates] - 2002 http://www.bizmanualz.com/biznewz/ezine03/select_a_consultant.pdf?link=ezine=ID03 Q: Do you have suggestions for diversity or sensitivity training? A: You can take a look at our comprehensive toolkit on Building a Diversity Initiative From the Ground Up: http://www.shrm.org/TemplatesTools/Toolkits/Pages/BuildingaDiversityInitiativeFromtheGroundUp.as px Q: I have a employee who has turned in 2 sets of FMLA papers from two separate doctors. They both are very vague and I cannot determine if she is really eligible for FMLA or not. Please advise. A: The FMLA regulations provides for clarification when an employee submits insufficient information. Here is the information: http://www.ecfr.gov/cgi-bin/textidx?c=ecfr&sid=abbd92cdff37c5d32de741cc5ccc1e81&rgn=div5&view=text&node=29:3.1.1.3.54&idno= 29#29:3.1.1.3.54.3.489.8 Q: Should all job descriptions have ADA language on them? A: It's considered a best practice approach to have ADA language on job descriptions. Q: When do you supply an applicant with a copy of their background check? A: Some states mandate employers provide copies of their records. Some do not. However, employers usually should not have records they are unwilling to share with employees . Some employers have formal policies (aligned with their state law) that do not allow employees access to preemployment documents. Q: Does SHRM offer classes on FMLA? A: I would check http://www.shrm.org/Education/SEMINAR/Pages/default.aspx Essentials & Generalists might cover that topic. Q: My organization wants me to create an HR manual. Similar to an employee handbook, but content is all HR related. Any recommendation or template I could follow. A: Here are a few links to sample HR policy manuals that may be useful http://hr.columbia.edu/policies/hr-manual/operating-policies https://www.clarkson.edu/hr/op_manual.html http://www.hr-guide.com/data/014.htm http://mn.gov/admin//documents/smart_manual/smart_hr_procedure_manual.pdf Q: Do you have any recommendations for increasing employee engagement? A: Employee Engagement The term employee engagement relates to the level of an employee's commitment and connection to an organization. Employee engagement has emerged as a critical driver of business success in today's competitive marketplace. High levels of engagement promote retention of talent, foster customer loyalty and improve organizational performance and stakeholder value. Developing and Maintaining Employee Engagement The Evolution of Employee Opinion Surveys—The Voice of Employee as a Strategic Business Management Tool Oct 2013 http://www.shrm.org/Research/Documents/SIOP%20-%20Employee%20Engagement,%20final.pdf Overview: Developing and Sustaining Employee Engagement http://www.shrm.org/TemplatesTools/Toolkits/Pages/SustainingEmployeeEngagement.aspx Employee Engagement Q&A Oct 2013 http://www.shrm.org/hrdisciplines/employeerelations/Pages/EmployeeEngagement.aspx Engaged Managers, Engaged Employees - Oct 2012 http://www.shrm.org/Publications/ManagingSmart/Pages/MS-Engaged-Managers-Employees.aspx SHRM: Job Security Is No Longer Top Driver of Satisfaction - Oct 2012 http://www.shrm.org/hrdisciplines/employeerelations/articles/Pages/SHRM-Job-Security-Is-No-LongerTop-Driver-of-Satisfaction.aspx (Almost) Everything We Think About Employee Engagement is Wrong - Sep 2012 http://www.forbes.com/sites/dovseidman/2012/09/20/everything-we-think-about-employeeengagement-is-wrong/ Why Remote Workers Are More (Yes, More) Engaged - Aug 2012 http://blogs.hbr.org/2012/08/are-you-taking-your-people-for/ Video: Get Your Employees Engaged - Jan 2012 http://blogs.hbr.org/2012/01/get-your-employees-engaged/ Follow Employee Engagement on SHRM Online http://www.shrm.org/hrdisciplines/employeerelations/Pages/MorePage.aspx?gid=g_a80d300d_47da_4 575_8ca1_f5bd7d465a5a&t=%3b166%3b&u=&h=Employee%20Engagement&r=%2fhrdisciplines%2fem ployeerelations%2fPages%2fEmployeeEngagement.aspx&so=DateTime&ao=1 Employee Engagement and Commitment http://www.shrm.org/about/foundation/products/Pages/EmployeeEngagement.aspx Employee Engagement: Your Competitive Advantage http://www.shrm.org/about/foundation/products/Documents/Engagement%20Briefing-FINAL.pdf 2006: Employee Engagement: Lessons and Questions http://www.shrm.org/about/foundation/products/Pages/06ThoughtLeaders.aspx Measuring Employee Engagement SHRM People InSight: An Employee Job Satisfaction & Engagement Survey Service http://www.shrm.org/Research/SurveyFindings/Pages/PeopleInSight.aspx Article: Why Aren't More Companies Measuring Employee Engagement? - Mar 2011 http://www.forbes.com/sites/csr/2011/03/16/why-arent-more-companies-measuring-employeeengagement/ Article: Measure Employee Engagement by Staff Actions - Dec 2011 http://www.prweekus.com/article/measure-employee-engagement-staff-actions/1262376 Article: Tools of Engagement - Feb 2010 http://www.shrm.org/Publications/hrmagazine/EditorialContent/2010/0210/Pages/0210rivenbark.aspx Employee Engagement and Relationship to Profits/Bottom Line Reports Link Employee Engagement and Customer Experience - Oct 2012 http://www.shrm.org/hrdisciplines/employeerelations/articles/Pages/Employee-EngagementCustomer-Experience.aspx This article has a flow chart showing employee engagement equals more profits. Why Employee Engagement http://www.forbes.com/sites/kevinkruse/2012/09/04/why-employee-engagement/ Increase Profits & Performance through Full Employee Engagement http://www.achievers.com/resources/webinar/increase-profits-and-performance-through-fullemployee-engagement How Small Changes in Employee Engagement drive Big Changes to Your Bottom Line (EBITDA) Feb 2014 http://www.capabilityaccelerators.com/blog/post/How-Small-Changes-in-Employee-EngagementDrives-Big-Changes-to-Your-Bottom-Line.aspx It's Not the Economy, Stupid http://www.businessweek.com/innovate/content/aug2009/id20090817_671373.htm How Employee Engagement Leads to Higher Stock Prices https://www.americanexpress.com/us/small-business/openforum/articles/how-employee-engagementleads-to-higher-stock-prices/ How Does Employee Engagement Improve the Bottom Line? http://smallbusiness.chron.com/employee-engagement-improve-bottom-line-15482.html B&Q Boosts Employee Engagement -- and Profits http://businessjournal.gallup.com/content/1036/bq-boosts-employee-engagement-profits.aspx Building a High-Performance Culture http://www.shrm.org/about/foundation/products/Pages/BuildingaHigh-PerformanceCulture.aspx Employee Engagement Research SHRM: Employee Job Satisfaction and Engagement Survey Report 2012 http://www.shrm.org/LegalIssues/StateandLocalResources/StateandLocalStatutesandRegulations/Docu ments/12-0537%202012_JobSatisfaction_FNL_online.pdf 2011 http://www.shrm.org/Research/SurveyFindings/Articles/Documents/110618%20Job_Satisfaction_FNL.pdf Additional Resources: Employee Job Satisfaction and Engagement Survey 2012 http://www.shrm.org/about/foundation/research/Pages/SHRMFoundationFarndale.aspx 2011 http://www.shrm.org/Research/SurveyFindings/Articles/Pages/EmployeeJobSatisfactionandEngagemen t.aspx SHRM Foundation: Employee Engagement in Multinational Corporations http://www.shrm.org/about/foundation/research/Pages/SHRMFoundationFarndale.aspx Towers Watson: Study: Over 60% of Employees are not Engaged in their Work - Jul 2012 http://www.bullhornreach.com/article/view/32518?referer=None&shortlink=1131541 Products Available for Purchase in SHRM Store http://shrmstore.shrm.org/bestsellers/hr-topics/employee-engagement.html Q: How often should handbooks be updated? A: Many employers update as they go, but do an annual audit and revision. Q: What's the best way to put $$ on employee turnover so the directors can see the money it's costing us? A: SHRM has a turnover worksheet to illustrate the cost of turnover. I am also providing an article on this topic. These resources can be shared with your director to illustrate for you. 1) http://www.shrm.org/TemplatesTools/Samples/HRForms/Articles/Pages/1CMS_011163.aspx 2) http://www.cbsnews.com/news/how-much-does-it-cost-companies-to-lose-employees/ Turnover costs include productivity losses during training, recruiting and lost work while a position is vacant. For all jobs earning less than $50,000 per year, or more than 40 percent of U.S. jobs, the average cost of replacing an employee amounts to fully 20 percent of the person's annual salary, the liberalleaning think-tank found in a study that looks at 31 corporate case studies Q: Any articles that would be good for managers to read that don’t understand the importance of classifying employees correctly A: Sure. The biggest penalty that faces a company who misclassifies an employee is the risk of losing the ability to make employees exempt, and paying of back wages (overtime ) to those employees. Here are some resources: This is from the DOL website Back Pay A common remedy for wage violations is an order that the employer make up the difference between what the employee was paid and the amount he or she should have been paid. The amount of this sum is often referred to as "back pay." Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes. Listed below are methods which the FLSA provides for recovering unpaid minimum and/or overtime wages. (1) The Wage and Hour Division may supervise payment of back wages. (2) The Secretary of Labor may bring suit for back wages and an equal amount as liquidated damages. (3) An employee may file a private suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. (4) The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay. An employee may not bring suit under the FLSA if he or she has been paid back wages under the supervision of the Wage and Hour Division or if the Secretary of Labor has already filed suit to recover the wages. Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies. Back wages also are available for underpayments to employees under the Davis-Bacon and Related Acts and the Service Contract Act, among other laws enforced and administered by the Wage and Hour Division. Q: Can two locations have personnel files or should only the main headquarter have files? A: Two locations may have personnel files. That's a matter of employer policy. It is probably safer to have only one set (electronically retained). Q: What are some good compensation surveys to consider when you don't have the ability to spend thousands of dollars? A: You may want to try HR Express Requests http://apps.shrm.org/HRResources/ExpressRequests.aspx?type=4 as these provide free resources Q: Do employers have the right to request a "applicants" social security number? When or when not? A: There are some states (like California) that have laws preventing this. Most states have enacted data breach notification laws that make employers responsible if sensitive information is not secured properly. Therefore, it is imperative that if an employer does request this information on applications they first ensure that the state laws allow for it and secondly that the information is secured from any type of breach. Q: The company has increased to over 50 employees. Does SHRM have a checklist/template for items/tasks that I need to do to make sure we are in compliance? A: You can see this guide here: http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Document s/FederalLawThresholds.pdf Thank you all, I found some of the info and definitely a lot of the links very informative. Q: Does EEOC notify you if you need to complete forms for the year once you reach 100+ or do they just expect you to complete what's needed? A: The EEOC will usually send an annual notification letter; however, employers should set a reminder in early August to start gathering EEO data in order to meet the annual September 30 deadline Q: Can I keep the HR files in my office or do they need to be stored somewhere else? A: HR files can be kept in an HR professional's office. Due to volume, some organizations will use storage providers such as Iron Mountain. Organizations should take accessibility into consideration when determining which the best option is. Q: Where can I find HR record retention guidelines? A: Here are some good record retention charts: http://www.lindquist.com/files/Publication/ea5c24cd-da09-4df4-a5f8308e8775ffb8/Presentation/PublicationAttachment/bcac025b-2d60-445d-8c738eb3b1d631e4/Record%20Retention%20Requirement%20Guide.pdf http://portal.hrthatworks.com/NewsletterPDFs/PersRcrdRetntionCklst.pdf Q: Temp employees and contract labor...what is the difference and how to choose the classification? A: A temp is usually hired thru a placement agency. An independent contractor works for themselves and is not an employee at all. Contract labor is on a temporary assignment. The similarity is they usually all have specific end dates. SHRM Members: if your specific question did not get answered or if you have other questions for the HR Knowledge Advisors, they are ready to help you. Please visit http://www.shrm.org/HRAnswers for information on how to contact the advisors. You can also visit www.shrm.org/expressrequests. The Express Request (ER) feature is a self-service, online benefit that allows SHRM members to request and receive via email information on a wide variety of HR topics. A response is sent virtually immediately. ER responses are available around-theclock and can be found in the following places on SHRM Online. Not yet a member? Get immediate access to all the resources by joining as a professional member at www.shrm.org/join. Save $15 with promo code CHAT14.