Body Art, Tattoos, and Piercings in Workplace Policy

August 1st, 2011

More people are choosing to have body art (tattoos) or body piercings (navel, nose, ear, tongue, etc.). In warmer months the change in clothing may make these choices more visible. Owners and managers are concerned about safety and image. They are uncertain what can be mandated or prohibited in terms of appearance.  And they’re concerned about lawsuits from employees citing the “first amendment, freedom of expression”.

So, what can employer do? Well…

If an employee’s body piercing(s) or jewelry create a safety risk in the workplace (for instance, in a manufacturing setting with certain machinery) there is no question. The employee can be prohibited from wearing the risky adornment(s).

In a broader sense, the courts have ruled repeatedly that employers can dictate personal appearance, including policies prohibiting visible tattoos or body piercings. Employers have every right to enforce dress and appearance codes. The employee’s “freedom of expression” claims have mostly not held up in court.

However, the best lawsuit is one that never happens. And certain caveats apply to this issue. First of all, a clearly communicated, specific policy is best. Secondly, as with all HR policy, it is very important that the policies are applied evenly and consistently. Lastly, if the tattoos or piercings are relevant to a protected class (for instance, Race or Religion) the employee may, indeed, be exempt from the employer’s policies. In these instances the employer should contact legal counsel before any adverse action is taken.

In conclusion, employers can set codes for appearance in their businesses. However, it is always good to follow HR best practices.

For more HR assistance contact InFocus Partners.

The Origins of FLSA

July 11th, 2011

The Fair Labor Standards Act (FLSA) is also known as the Wage and Hours Bill.  This Federal Law was enacted by congress in 1938. FLSA was established to govern the United States workplace practices, including national minimum wage, premium overtime pay, payroll records, and child labor standards. According to the Unites States Department of Labor, these standards affect more than 130 million workers, full time and part time, in the private and public sectors. It applies to workers due to the company they work for, known as enterprise coverage, or the type of work they do, called individual coverage.

FLSA regulates the overtime to pay to employees. With the exception of specific categories of occupations such as executive, professional, administrative, or outside sales people, no employee is exempt from over time provisions of the FLSA. The general pay of over time is one and one half of the employee’s regular hourly rate for every hour past 40 hours in any given week.

Before the legislation that regulated the wages and hours employees were allowed to work, most employees would work very long days and excessive hours in a week for very little money.  Some industries, such as manufacturing, employed children and treated them even worse.  Sweatshops routinely employed women, children, and immigrants who had no choice but to accept the inferior wages and bad working conditions.  Activists pushed for laws at the state level to pay all workers, regardless of social status or gender, wages that would allow them to maintain an adequate standard of living.

There have been several amendments to the FSLA since its beginning in 1938.  For example, in 1961 the act was amended making coverage automatic for schools, hospitals, nursing homes, or other residential care facilities. Coverage is also automatic for all governmental entities at whatever level of government, no matter how big or small. In 1966 coverage was expanded to cover some farm and agricultural workers, thanks to the efforts of labor leaders such as Cesar Chavez.

Many other amendments have been made to the act since its inception.  Continuously increasing the minimum wage due to increasing inflation and cost of living is one of the important functions of the FSLA.

We have come a long way from the days of sweatshops and 60 plus hour work weeks of the Great depression era.  We owe our current good working conditions to those who suffered then and to those who made a stand to change things.

Protected Classes Where Discrimination is Illegal

July 6th, 2011

In business, there are groups of people, based on certain characteristics, who must be treated equally with everyone else. Below is a list of “protected classes”, and the law on which the status was established. For more Human Resource assistance contact InFocus Partners at 515.223.2685.

2011 – A Changing Job Market

July 5th, 2011

Fortune Magazine is reporting that major corporations are starting to return to college campuses for recruiting.

Bank of America Corp., for example, plans to offer jobs to 1,300 new graduates in 2011, and Microsoft Corp. will be aggressively hiring as well. In fact, planned job offers for recent graduates are up 19.3 percent from 2010.

What does this mean for small business? There are more job options for the best employees. Small employers need to recognize the very high cost of turnover (300% of annual compensation, according to SHRM) and take steps to improve retention.

InFocus Partners has tools and strategies for small businesses to compete with the large employers for the best employees!

The Value of Outsourcing Human Resources

June 21st, 2011

Outsourcing has become increasingly popular in both large and small business in today’s marketplace.  Human Resource outsourcing is the practice of using external partners to perform administrative tasks that are normally handled in-house.  These tasks include the services that InFocus Partners specializes in:  Payroll Processing, Workers Comp Administration, Employee Benefits, and HR Support.

The number one reason why companies outsource their Human Resource functions is to reduce costs.  There are other important reasons why a business owner should consider outsourcing their HR:

  • Increase production
  • Focus on business and strategy
  • Improve Accuracy in Filings and Reportings
  • Reduce Labor Costs
  • Access to more competitive benefit plans
  • Legal Compliance
  • Save time

Protect Yourself

May 18th, 2011

At InFocus Partners we are constantly working to provide better Human Resource services to our clients.  Thus, we are pleased to announce that there are new and improved options available for background checks, and drug and alcohol testing.

Impaired employees are more likely to suffer injuries or get in costly accidents.  Certainly, productivity is reduced.  By using pre-employment screening, an employer can greatly reduce the risk of making a bad hire.  A Substance Abuse and Drug Testing Policy will act as a deterrent, and minimize the chances of dealing with a tragic or expensive mistake.

Background Screening will help an employer know they are making the correct hiring decision.  Potential employees with criminal backgrounds or negative lifestyle histories may be huge liabilities for an employer.

InFocus Partners has forged a new partnership with a Substance Testing and Employment Screening provider.  Our clients receive discounted pricing, fast service, and simplified billing through our regular invoicing.  These options are inexpensive, and we take care of the administration.  We even help with the necessary policy creation and notifications.

Please call us before you have to call the Emergency Room, your lawyer, or your accountant!

Your most important Human Resources are your family and friends

April 20th, 2011



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InFocus Partners

Dental Insurance
is not just for
Hockey Teams!

Dental insurance is sometimes overlooked, but it is an important component of an employee benefits plan.  Lack of proper dental care is a significant cause of health-related lost productivity, absenteeism, and turnover.  Employers need to make dental insurance available to their employees!

  • More than 164 million work hours and 51 million school hours are lost each year due to dental problems.
  • Dental plans save employers and employees 4 billion dollars each year through their emphasis on prevention, early detection, and treatment.
  • It is estimated that every dollar spent on disease prevention saves $4 in subsequent treatment costs.
  • 81% of individuals with dental benefits reported seeing a dentist twice a year or more, while only 34% of uninsured individuals reported the same frequency.
# statistics from the Ameritas Group

>Family and Friends

InFocus Partners takes great pride in being an HR resource for you.  But we believe that your best Human Resources are actually those closest to you – your family and friends.  So as winter turns to spring (very slowly here in Iowa…) get out and spend some time with them!

Do some grilling with friends.  Play a round of golf.  Take the family to a ballgame.  Plant a garden.  Travel somewhere new for a vacation.  Whatever it is that you like to do, spend some time with your best Human Resources – your family and friends.

We Can Be Your
HR Department!

A sampling of HR areas that InFocus Partners is prepared to assist our clients with:

  • Minors in the Workplace
  • Salary Studies
  • Employment Offers
  • Termination Letters
  • National Guard Employees
  • Drug Testing
  • Exempt/Non-exempt Status
  • And More!


2011 InFocus Partners
March Madness
Final Standings

 
Congratulations to John Vratsinas on for winning the InFocus Partners March Madness for the 2nd consecutive year!  John has won a $100 gift certificate to Dos Rios.  Click below to see how you fared in the final standings:

http://infocus.mayhem.cbssports.com/opm/standings

 

REMINDER:
InFocus Partners has strategies and tools to help you save time and money with your Employee Benefits, while improving your options.
We make Employee Benefits Easy!
 



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Workers Comp Image of the Month

Any HR-Related advice is general, and is not intended to be legal counsel.

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Your Employee Benefits Made Easy

February 17th, 2011



InFocus Partners

Employee Benefits Made Simple
Even for Small Business!


The businesses that hire and retain the best employees will win. After all, people can grow a business and turnover can kill it.

But it’s not easy to hire the best talent when you run a small business. The candidates you’d like to have working for you may currently be working at the “mega-corp”, and they’ve become accustomed to the wide array of Employee Benefits made available to them.  Even when the individual would value the autonomy and input that a small business would give them it’s awfully hard to leave those benefits behind!

Small employers really struggle with Employee Benefits. Trying to put options in place is time consuming and confusing. Some options aren’t available because the business doesn’t have enough employees. The costs (premiums) will be high because there aren’t enough people to get better rates.  The rates will be volatile because if only one person gets sick or injured the small group is hugely impacted.

InFocus Partners has a solution to this dilemma. Our clients have access to large group Health, Dental, Vision, Short and Long Term Disability, and Life Insurance plans. Our clients decide what to provide, and what to make available at the employees’ expense. There are no underwriting issues and no complex enrollment procedures. The InFocus Partners team will handle employee orientation and enrollment. Employees will have access to a “full menu” of Employee Benefits. Employers will enjoy better recruitment and retention.

Join the growing list of employers taking advantage of the InFocus Partners’ turn-key solutions for Employee Benefits!

Top 10 List of
Business Issues
That a PEO
Can Help You With!

(such as InFocus Partners…)


1.  Payroll and Taxes

2.  Workers' Comp

3.  Risk Managment

4.  Turnover

5.  Compliance

6.  Employee Benefits

7.  Time

8.  Cash Flow

9.  Human Resources

10.  Recruitment



Do you have questions regarding:

  • Jury Duty?
  • National Guard?
  • Employees who are minors?
  • Overtime Pay?

We have answers for you!


Please "Like" us on Facebook and Follow us on Twitter!

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www.twitter.com/infocuspartners

And check our our blog:
www.infocus-partners.com/blog

Workers Comp Image of the Month

Any HR-Related advice is general, and is not intended to be legal counsel.

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Rising Health Care Costs, Weather Policies, and More

January 18th, 2011



InFocus Partners

SNOW DAZE


We are frequently asked about the laws associated with business operations during inclement weather.  The decision to remain open or to close is complicated.  Employers do not want to risk their employees' safety, but there can be significant costs to being unexpectedly closed.
 
In an "at will" state, an employer can remain open and make attendance mandatory in any weather.  An employer does NOT have to pay non-exempt employees for pay lost to due weather-related closings or if the employee can't make it to work.  Exempt employees, however, must be paid.  In a business with different types of jobs, those positions that are considered "vital" can have different attendance expectations, as long as the policy is applied consistently.

No law requires that a company have a Bad Weather Policy.  However, InFocus Partners suggests that an employer develop a policy, communicate it clearly, and practice it non-discriminatory.  We have ideas that can limit your liability and improve team morale.

Life Changes

No matter how much an employer might like to think that their employees' personal lives are separate from their professional lives, the two are intertwined.  From an HR perspective, there are potential administrative and policy adjustments to be made with:

  • Marriage
  • Divorce/Legal Separation
  • Childbirth/Adoption
  • Spousal job loss
  • Disability/Health changes
  • Death of employee/spouse
  • Retirement

 InFocus Partners will assist you with the procedural updates and the compliance issues associated with having an ever-evolving workforce!

Rising Health Care
Cost Contributors

(data from HRMorning.com)

When companies research their healthcare costs, some of the primary factors they look at are::

  • Single and family premium
  • Doctor and hospital costs
  • Prescription costs
  • Deductible
  • Out-of-pocket maximums

Employers are sure to realize that a lot is paid for employees with major health issues such as cancer or heart disease.  A study done by the Journal of Occupational and Environmental Medicine shows that for every $1.00 spent on a chronically ill employee, it actually costs $2.30 in lost productivity for someone who actually comes into work while in poor health conditions such as:

  • anxiety
  • depression
  • back or neck pain
  • obesity

Basically for every dollar spent on insurance premiums and health care, there are even larger costs associated with lost productivity in these types of situations.


REMINDER:
InFocus Partners has strategies and tools to help you save time and money with your Employee Benefits, while improving your options.
We make Employee Benefits Easy!
 



Please "Like" us on Facebook and Follow us on Twitter!

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www.twitter.com/infocuspartners

And check our our blog:
www.infocus-partners.com/blog

Workers Comp Image of the Month

Any HR-Related advice is general, and is not intended to be legal counsel.





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Happy Holidays! – December 2010 Newsletter

December 29th, 2010



InFocus Partners

Happy Holidays!

From our entire staff at InFocus Partners to yours:  we wish you all a very happy and safe holiday season!  Should anyone need our assistance over the next few weeks, we want to let you know that our office will be closed on Monday, December 27, and also on Monday, January 3.  Please contact us ahead of time if you can.
 

Tips to avoid problems at the
Office Holiday Party

We are NOT Scrooges at InFocus Partners.  We like to have fun as much as the next office.  We would be remiss, however, if we didn't offer suggestions to minimize the liabilities associated with having a company party.  After all, the image of the boss dancing with a lampshade on their head is one thing, but if something truly goes wrong it will not be a merry season for anyone!

  • Consider making it a family event.  Besides creating good will with employees' spouses, bad behavior tends to go way down when spouses, significant others, and even kids are present.
  • Be respectful of the diversity of faiths.  Everyone is entitled to enjoy themselves without feeling uncomfortable about religion.
  • Consider not serving alcohol; hey, at least consider it!
  • If alcohol is served: provide non-alcoholic alternatives, provide food, and arrange for alternate methods of transportation.
  • Some environments are safer than others.  A concert, bowling alley, game, or lunch is a better setting than a dimly lit bar or club.
  • Be prepared to step in and stop poor or dangerous behavior.  It's better to address a situation quickly than to hope it is forgotten and goes away.

Turnover Kills!
 

The Society for Human Resource Management (SHRM) calculates that it costs $3,500 to replace just one minimum wage employee and many times that figure for more skilled employees.

Below are some of the costs associated with turnover:

  • Lost productivity due to a vacated position
  • Cost of training for the departing person
  • Overtime pay to remaining workers
  • Costs of Severance
  • Cost of lost customers, client dissatisfaction
  • Recruiting Costs (ads, time, background checks)
  • Training costs of the new hire
  • New employee is less productive than the departing employee for weeks, months, or even years!

It's simple really:  constantly training new employees to replace more seasoned employees is an expensive proposition in many ways, and a real drag on a business.



Please "Like" us on Facebook
and Follow us on Twitter!

www.facebook.com/InfocusPartners
www.twitter.com/infocuspartners
 

And check our our blog:

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Any HR-Related advice is general, and is not intended to be legal counsel.

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