Chapter 7
Human Resources
You and Your Employees
Your employees are a reflection of you, your company
and your values
Excellent personnel management begins with selecting
the right people
Setting rules, expectations, and consequences is
essential to providing a healthy work environment
Golden Rule
Treat your employees as you
would like to be treated
Federal Laws
2 Agencies enforce Federal Workplace laws
US Department of Labor
Fair Labor Standard Act of 1958 (amended)
Immigration Reform and Control Act
Family and Medical Leave Act
National Labor Relations Act (Wagner Act,Taft – Hartley Act)
Employee Polygraph Protection Act
Occupational Safety and Health Act
Federal Laws
Equal Employment Opportunity Act
Americans with Disabilities Act
Civil Rights Act (Title VII)
Age Discrimination in Employment Act
Equal Pay Act of 1963
U.S. Department of Labor
Fair Labor Standards Act of 1938
Minimum Wage Level
Tipped, non tipped, Subminimum
Overtime Wages
Child Labor Laws
Hour restrictions
Equipment and jpb restrictions
Record Keeping
Keep Records for 3 years
Overtime Exemptions
Managerial vs. non Managerial
U.S. Department of Labor
Immingration Reform and Control Act of 1986
Restricts the hiring of illegal entrants into the United
States
Using Form I -9, Employers must obtain written proof of
identity and employment eligibility
Within 3 days of employment
Keep on file for audit purposes
Having a U.S. Citizen only policy for hiring – or “green card
only” policy is illegal, unless specifically exempted.
U.S. Department of Labor
Family and Medical Leave Act
May take up to 12 weeks of unpaid leave per year for
Birth of a child
Adoption or Foster Care of a child
Caregiving for a spouse, child or parent
A Serious Health Condition
Does not apply to:
Employees with less than one year of Service
A part time employee with less than 1,250 hours per year
Companies with fewer than 50 employees
Key Man Provision
U.S. Department of Labor
National Labor Relations Act
Union Related
Prevents an employer from restraining employees from
organizing and exercising collective bargaining rights
U.S. Department of Labor
Employee Polygraph Protection Act
Restricts the use of a polygraph except in certain defined
cases (theft or screening employees with access to
controlled substances)
The Occupational Safety and Health Act
Workplace Safety
MSDS (Material Safety and Data Sheets) on Chemicals
Requires some companies to keep records of health and
safety related claims
Prevents discrimination against employees who file illness
and safety related claims
Equal Employment Opportunity
Commission
Americans with Disabilities Act (ADA)
Prohibits discrimination against a qualified person with
a disability (or HIV) who with or without reasonable
accommodation, can perform the essential functions of
a job
Most accommodations cost less than $50.00
Employers have the right to reject or fire applicants
who pose a significant risk to health and safety
Americans with Disabilities Act
All employers with 15 or more employees must comply
Best Practices include:
Accurate and updated job descriptions, including physical
tasks
Limit questions on applications to job related functions
Do not ask about disabilities, past health problems, drug
abuse, prescription drug use, hospitalizations or Workers
Compensation Claims
Have a set interview format that is strictly job function
related
Conduct all interviews in places that are accessible.
Equal Employment Opportunity
Commission
Civil Rights Act of 1964 (Title VII)
Prohibits discrimination on the basis of
Gender
National Origin
Skin Color
Race
Also forbids sexual harassment
Sexual Harassment laws apply not only to management –
but employees and customers as well.
Sexual Harassment
Best Practices
Adopt Clearly Defined Policies
Establish a reporting method and make sure communicated
Train and inform employees about what is appropriate or
not.
Ensure that reported incidents are taken seriously and
promptly investigated
Take Immediate Corrective Action
Equal Employment Opportunity
Commission
Age Discrimination in Employment Act
Companies that employ more than 20 cannot discriminate
against job applicants or workers over 40 years old
Equal Pay Act of 1963
Equal wages must be paid for jobs that are substantially
the same in skill, effort and responsibility.
State Level Employment Laws
Workers Compensation
The State fund that covers on the job bodily injury or
death while on the job
Employers pay into the fund based on industry, number
of employees
Payments are usually made quarterly
Determining Staffing Levels
Have proper balance of permanent and part time
employees
As a general rule, Labor should be between 20% – 30% of
Sales
Computing Labor Costs –
Not Just the paycheck
Labor Costs - Employer
Employers Share of Social Security
Federal and State Unemployment
Workers Compensation
Holiday, vacation and sick day benefits (if applicable)
Bonus and other compensation
Health Insurance paid by employer (Affordable Care Act)
These costs can add up to as much as 40% of total labor
costs
Recruiting
The best recruitment sources are your own employees
Use caution – too many close employees – one persons
problems become everyone’s
Use contacts - vendors, educational institutes
Keep records and applications submitted in response to
advertising.
Interviewing
Set up a system that is easy to follow and use it every time –
keep records
Before –
Establish the company personality – communicate it.
During –
Establish a cordial, not overly friendly atmosphere free from
interruptions
Keep control of the interview
Let the applicant do the talking
Concentrate on what they are saying and deliver a deliberate
response
After
Close with an explanation of status and next step
Follow up with a communication on final status
Interviewing
Ask Job related and Legal questions – Do
Not Ask About:
Age or date of birth
Country of origin
Maiden Name
Relatives names (unless applicant is a minor)
Past Residences
Religious Affiliation
Interviewing (Cont.)
Membership in organizations
Marital Status
Pregnancy or future child bearing plans
Age and number of children
Diseases or major illnesses
Credit Rating
Owns or rents home
Arrests not involving convictions
Native Language
No Photographs until after the applicant is hired
Interviewing – Proper Questions
Can you meet specified work schedules?
Are you of legal age to perform work (i.e. Bartending)
Do you have reliable transportation
Educational or military experience as it relates to the job –
but not Discharge Status
Professional Organizations
References
Like best about your last job
Long term plans
Strengths and weaknesses
Reference and Record Checks
The more responsibility - the deeper the checks
Criminal Records
Driving Records
Workers Compensation Records (some states make public)
Credit Records
Educational Records
Previous Employers –
Typically, by this time you have provisionally hired the
applicant pending the above checks – which they have
given written authority for you to do
Employee or Independent
Contractor? (W2 or 1099?)
The IRS has developed a series of questions –
Do you provide the person with detailed instructions?
Are their services vital to the company operations
Do you set the hours?
Does they work full time for the company?
Do you control the order and sequence of the work
performed?
Do you furnish tools or equipment to the employee?
Payroll
Set clear wages and policies for
Regular Pay
Premium Pay
Overtime Pay
Tips
Record Hours – keep records for at least 7 years
Employee Benefits
Employee Meals and Breaks
Need to be defined and enforced
Vacation Pay
Sick Pay
Holiday Pay
Health Insurance – Affordable Care Act
Jury Duty
Orientation and Training
The First Day on the Job determines how well things
will go.
Have an Orientation plan
Meet key employees
Review Hand Book, company policies, rules and regulations
Pay rates, employee reviews, etc
Assign a “mentor” to train the new hire
Assign Performance goals and review date (typically 30 -90
days)
Motivating Workers
Treat your staff as you would like to be treated
Show respect and compassion, but be firm
It is not a democracy
Don’t be afraid to get dirty
Reward high performers
Be fair in discipline
Discipline and Termination
Enforce your policies
Discipline normally follows a certain set of step –
Verbal Warning (documented date and time)
Written warning(s)
Suspension without pay
Termination
Terminating an employee
Two types of termination –
Voluntary – resignation
Involuntary
Discharge only for proper, well documented reasons
Consult legal counsel
Conduct exit interviews
Treat the employee with dignity
If you feel endangered, have security or another employee
with you.
Employee Handbook
Cover all rules and regulations
Review and Update frequently
Go over in detail at orientation
Have employee sign that they have received a copy,
understand the contents and have had an opportunity to
ask questions.
Next Class
Quiz Chapter 7
Chapter 10 - Pricing