Author: Site Staff

Optimas® Award Registration

When:	Thursday, March 23, 2000
Time:	Cocktails at 5:30 Dinner and Awards at 6:15
Location:	Hotel Inter-Continental Chicago Chicago, IL
Cost:	$55

Register now as space is limited!

Send a check for $55 per person attending to:

Workforce Optimas® Registration
PO Box 2440
Costa Mesa, CA 92628

Please include name, title and company of each person attending.

A strategy for maintaining customers should take into account the overloaded marketplace, elevating customer service from simply “caring” to producing positive memorable interactions that help reinforce loyalty.

These five strategies, called the SERVE model, include the basic interpersonal competencies that are traditionally part of customer service, along with competencies that require providers to take a broader perspective of their roles.

The five strategies of the SERVE model are:

• See the big picture and how customer service fits into it.

• Establish an authentic human connection with each customer.

• Render timely, accurate and thorough service.

• Value and respond to unique customer needs.

• Extend a hand to repair and strengthen relationships with customers who are upset or angry.

These strategies give service professionals more discretion in evaluating and decision making; focusing them on a higher standard of service and allowing them to reap customer information that is valuable to the organization.

SOURCE: AchieveGlobal, Tampa, FL, October 1999.

Issue: Because of all the incidents of workplace violence in this country, you want to provide the best security protection for your workplace and your employees—you believe you should monitor building entrances, lobbies, hallways and work areas. Are there any steps you should take before you have video monitors installed?

Answer: Definitely. You need to take several steps before the first monitor is installed.

What should HR do?
Here are some suggestions on how to implement a video surveillance program while minimizing potential liability:

• Be prepared to justify the monitoring from the start.
  Employers should be able to show that monitoring was initiated to serve legitimate business interests. Monitor only to the extent necessary to protect a legitimate business purpose.

• Be reasonable—use the least intrusive means to accomplish the business purpose for which monitoring is designed.
  Don’t monitor restrooms or employee lounges where a reasonable person would have a higher expectation of privacy unless absolutely necessary to protect persons and property. Put reasonable time and location limitations on monitoring. Employers should be able to show that any monitoring was only as broad as necessary to fulfill their legitimate business interests.

• Notify employees about any monitoring that may take place.
  If common areas and employees’ workspaces and surrounding areas are being monitored, tell them. Making policies known to employees goes a long way to defeating any expectation of privacy that they may have. Note that any limitation on the reason for the monitoring might be construed to limit the scope of the employee’s consent, so word your notice broadly. The 1999 American Management Association (AMA) survey of workplace monitoring practices revealed that some employers (up to 26 percent) fail to notify employees that monitoring is taking place. Do not make this mistake.

• Make notification to employees concerning workplace monitoring a part of the employee handbook.
  Communicating the policy in writing (especially if it includes a requirement that employees sign to acknowledge they have received the policy and are aware of it) further bolsters a minimal expectation of privacy.

• Be aware of and comply with applicable federal and state statutes and any state common-law rights.
  What is permissible under federal law may be prohibited under a state statute or a certain state court decision. Check with legal counsel to ensure that whatever you’re doing—or whatever you’re proposing to do—doesn’t run afoul of one or more of the various state and federal provisions on wiretapping, privacy or applicable constitutional provisions.

• Be sensitive to employee’s “privacy rights.”
  Monitoring should not extend into highly private areas in the workplace, such as restrooms and lounges. Also, monitoring generally should be limited to the workplace, unless there’s a compelling, work-related reason for moving beyond the workplace (for example, the investigation of fraudulent or unlawful conduct arising out of the employment relationship). Even then, the monitoring should be reasonable in scope and relatively unobstructive.

• Train supervisors, managers and security personnel about applicable legal restrictions.
  Merely having lawful policies isn’t enough. Ultimately, an employer’s liability will turn on whether its electronic-monitoring policies were applied lawfully and evenhandedly by those who are responsible for doing so.

• Protect the confidentiality of any information obtained through monitoring.
  Have safeguards to protect against unauthorized access to the information by persons who don’t have a legitimate business purpose for obtaining it. Adopt reasonable procedural safeguards on the use and disclosure of information gathered through monitoring.

Other monitoring activities.
Note that there are additional specific requirements when employers choose to monitor employees’ work, e-mail, voice-mail or computer files. In those situations, one of the most important requirements is notifying employees that business equipment—whether a computer, a telephone, software or a desk—belongs to the employer and should only (or primarily) be used for business purposes. If an employer has told employees that they shouldn’t be conducting personal, private matters in the workplace, it reduces the likelihood that the employer will be successfully sued for invasion of privacy. Don’t even think of “bugging” offices or surreptitiously intercepting oral conversations.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Issue: As the HR manager of a warehouse facility, you are responsible for complying with Occupational Safety and Health Administration (OSHA) regulations at your work site. Your facility has four permanent toilets designated for men and one permanent toilet designated for women. During the peak season, the afternoon shift employs additional workers, so more toilets are needed. In lieu of adding additional toilets, you propose to add portable toilets. Is the substitution of portable toilets an OSHA violation?

Answer: Portable toilets under these circumstances are probably not a violation. OSHA’s general industry sanitation standard requires a minimum number of toilets. It uses the term water closet, which is defined as “a toilet facility maintained within a toilet room … which is flushed with water.” Toilets are to be provided in accordance with the table below, based on the number of employees.

Number of Employees: 1 to 15

Minimum number of water closets (a): 1

Number of Employees: 16 to 35

Minimum number of water closets (a): 2

Number of Employees: 36 to 55

Minimum number of water closets (a): 3

Number of Employees: 56 to 80

Minimum number of water closets (a): 4

Number of Employees: 81 to 110

Minimum number of water closets (a): 5

Number of Employees: 111 to 150

Minimum number of water closets (a): 6

More than 150 employees (b)

Footnote (a): Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets in such cases shall not be reduced to less than 2/3 of the minimum specified.

Footnote (b): One additional fixture for each additional 40 employees

However, the current American National Standards Institute (ANSI) guidelines for toilet facilities in places of employment do not require the use of water closets, and OSHA is authorized to adopt the national consensus standards of ANSI and other OSHA-accredited organizations. Accordingly, OSHA would treat substituting portable toilets for “water closets” as a de minimis or insignificant departure from its requirements if the following circumstances are present:

1. the lack of water or temporary nature of the installation makes installing plumbing impracticable;
2. the portable toilets are readily accessible by employees;
3. the portable toilets have adequate lighting, are secure, and have heating as necessary; and
4. the portable toilets are well-maintained and properly serviced.

If the portable toilets fail to meet the criteria set forth above, OSHA could cite the employer for a non-serious violation, which can carry a civil penalty of up to $7,000 for each violation.

Note that other relevant provisions of OSHA standards must be met. For example, employers are also required to provide hand-washing facilities.

Cite: OSHA’s general industry sanitation standard, 29 CFR 1910.141(a)(2); (c)(1)(i); and (d)(1)-(2). American National Standards Institute ANSI Z4.1-1995. Sanitation, CCH Employment Safety and Health Guide, 1143.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

With the potential for a wide range of problems at the turn of the century, including the very hyped computer disruptions, there is also the potential for some companies to either distinguish or embarrass themselves.

In their efforts to minimize technological and operational trauma, those in charge often ignore communications planning. Ultimately it will be people, not technology, that react to what may occur. The turn of this century can be an opportunity to form lasting impressions regardless of glitches or glory.

Executive Communications Group, of Englewood, New Jersey, offers the following ideas to consider:

• Identify your main audience groups—If your company has any connection to the public at large, you should have a bank of statements prepared that will put people at ease. Consider the communication needs of your employees. If things get ugly, you should be prepared to rally the troops and lead them into battle. If everything goes according to plan, how will you thank them for a job well done? Is your management ready with proper words of appreciation?

Also consider your external stakeholders, including clients or customers, board members, and shareholders. The long-term financial impact of miscommunication with these critical groups could far exceed any court settlement.

• Perception vs. reality—Although you may know ‘everything’s fine,’ don’t assume your audience believes it. Make extra efforts to analyze what people will be feeling, as well as thinking. If you don’t acknowledge and address their emotional state before, during and after the big day, don’t be surprised if your future efforts to connect with them fail.

• Be prepared for success—If your systems are rock solid, how will you leverage this success without appearing haughty and self-serving … especially when your competition is faltering? This requires a high level of finesse but can ultimately position you above the rest.

• Rehearse different scenarios—this should include first identifying who will say what to whom and for what purpose. Then get the crisis team together to practice reactions to these scenarios. This way, when the pressure’s on, they will be able to deliver the message with clarity and credibility.

• Plan for two main outcomes—Problems (severe or mild) and no problems. If there are none, seize the opportunity and use this success to your advantage.

SOURCE: Executive Communications Group, Englewood, NJ.

Issue: One of your employees wants to pursue an MBA in marketing under your company’s educational expense reimbursement plan. He is not currently employed in your company’s marketing department, but he would like to be one day and he believes that this education could help him achieve that transfer. Can he be fully or partially reimbursed for all of his educational expenses on a tax-free basis?

Answer: Yes, if the overall skills the employee will learn from the MBA program will enable him to better perform his current job. Educational expense reimbursement plans enable an employer to fully or partially reimburse employees on a tax-free basis for job-related education or training expenses. Those expenses include but are not limited to tuition, fees, books, supplies and equipment. Educational assistance does not include the cost of meals, lodging or transportation incurred by an employee in the course of obtaining such instruction.

Accountable plan requirements.
Reimbursements must be made under an accountable plan in order to be excluded from wages for employment tax purposes. Under an accountable plan:

1. The reimbursed education expenses must be job related;


2. The employee must adequately account to you for the expenses; and


3. Any excess reimbursement or allowance must be returned to you within a reasonable time.

As a caution, remember that a reimbursement, or any portion of a reimbursement, that does not meet all three of the accountable plan requirements stipulated above may not be excluded from an employees’ income.

Job-related requirements.
IRS regulations provide tests to determine whether educational assistance is job-related. To be job-related, the education courses must:

• maintain or improve skills required by the employer; or

• be needed to meet express requirements of an employer or of a law or regulation to retain the employee’s salary, status or employment.

Educational assistance does not qualify as job-related if the courses:

• are needed to meet the minimum requirements of a job;

• will lead to qualifying the employee for a new trade or business; or

• are to fulfill general aspirations for personal reasons of the employee.

Any courses that the employer determines to be nontaxable need not be reported on the employee’s Form W-2.

Cite: Internal Revenue Code Sec 132.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Businesses today are rapidly moving away from staffing their human resource departments solely with permanent employees in favor of hiring temporary employees to fill openings at all levels.

The result: Dramatic growth in the number of opportunities available to HR professionals who want the flexibility, advancement and variety available from a career as a contract employee. But how do you know if contract or temp work is for you?

HR encompasses so many different functional areas—such as recruitment, compensation and benefits, employee relations, training, administration and organizational development—that there is no one specific skill set required to guarantee success.

What is necessary to be a successful contractor is flexibility, not to mention a high tolerance for change. Contract employees often engage and disengage from companies quickly. They’re brought in and are expected to be productive quickly and adapt to their environment, which requires a high level of self-confidence and resiliency. Other skills that are valuable include strong analytical and assessment abilities and above-average written and oral communications skills.

SOURCE: Romac Human Resources, A business of Romac International, Inc., Tampa, Florida, October 5, 1999.

Issue: You work for a U.S. multinational employer, with business operations in Puerto Rico, Guam, Germany and Hong Kong. Several staff members will be traveling to these locations to assist with the company-wide implementation of a new computer system. Included among the group are several non-exempt employees who will be providing administrative support for the project. While on assignment, will the non-exempt employees be eligible to receive overtime pay under the Fair Labor Standards Act (FLSA) if their work hours exceed 40 per week?

Answer: The answer to this question is generally dependent on two factors: (1) the country assignment and (2) the timing of the assignment within the workweek.

Country of assignment.
The FLSA states that the minimum wage, overtime, record-keeping and child-labor provisions do not apply to employees whose services during the workweek are performed in a workplace within a foreign country. Also, these provisions do not apply to territories under U.S. jurisdiction, unless they are one of the following:

• A State of the United States

• The District of Columbia

• Puerto Rico

• The Virgin Islands

• Outer Continental Shelf Lands

• American Samoa

• Guam

• Wake Island

• Eniwetok Atoll

• Kwajalein Atoll

• Johnston Island.

Therefore, hours that the nonexempt employees spend working in Puerto Rico and Guam would still be considered compensable hours under the Act for purposes of determining overtime pay eligibility. However, hours worked where the entire workweek is spent working in Germany or Hong Kong would not be compensable under the FLSA.

Timing of assignment.
What if the employees spend part of the workweek working in the United States and the other part working in Germany or Hong Kong?

According to a wage/hour opinion letter, when part of the work performed for an employer in any workweek is covered work performed within any state (including the areas mentioned above), a nonexempt employee is entitled to FLSA benefits for the entire workweek. In this situation, nonexempt employees working part of the workweek in the United States and the other part of the workweek in Germany or Hong Kong would be eligible for overtime pay under the FLSA if hours exceed 40 for that particular week.

Caution—examine local law.
In addition to determining the applicability of the FLSA to areas outside the United States, the employer should also examine local laws that may apply to work performed within the foreign host country.

Cite: Fair Labor Standards Act, Section 13(f), as amended by the Overseas Labor Standards Amendments of 1957 and W & H Opinion Letter No. 1563 (WH-510), June 29, 1981.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

Christmas bonus, holiday bonus, year-end bonus—what’s the difference? It could make a difference in the calculation of workers’ compensation benefits. You can take steps, however, to ensure that it’s not a gift that keeps on giving more than you intended.

Issue: Your company distributes a bonus to employees at the end of the year in consideration for service during the previous year. Does it matter whether the bonus is a “Christmas bonus,” “holiday bonus,” or “year-end bonus”? What are the consequences to your company in regard to workers’ compensation benefits?

Answer: If the bonus is based on an injured worker’s tenure at the company throughout the previous year, the bonus may be prorated over the entire year, not just the quarter in which it was paid, for purposes of calculating the injured worker’s average weekly wage.

Yearly bonus or holiday bonus?
An employee injured at work received workers’ compensation benefits of $451 per week based on an average weekly wage that included a $1600 bonus paid at the end of the year. Less than a year after the payments began, the employer sought a recalculation of benefits, contending that the yearly bonus should have been allocated over the entire year, not just in the quarter in which it was paid. The employee appealed, arguing that the payment was a Christmas bonus that should have been credited to the fourth quarter of the year.

The court concluded that the bonus, which was based on the employee’s tenure at the company for one year, should have been prorated as wages over the entire year based on the time in which it was earned. The employer was allowed to recoup $4,678 as overpayment, a difference of more than $50 per week in benefits.

What you should do.
If your year-end bonus is based on employment throughout the prior year, make that clear to employees. You may be able to prorate the bonus over the entire year for the purpose of calculating workers’ compensation benefits.

Cite: Kiebler v. Workers’ Compensation Appeal Board (Specialty Tire of America), Commonwealth Court of Pennsylvania, No. 2113 C.D. 1998, June 16, 1999.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion.

HR 101 is a special monthly section that gives you everything you need to know about important HR topics. This month, a set of tips, charts and data should help you in your effort to make an impact with your pay practices.