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Category: Staffing Management

Posted on December 13, 2013June 29, 2023

Companies Recognizing Importance of Recognition: Rewards & Recognition Providers

The rewards and recognition industry has moved from simply marking employee milestones to taking an active role in employee engagement.
While the gold watches and silver trays still have a part to play, these days the focus is on “the use of recognition and rewards to drive engagement in the workforce,” said

Jeffrey Fina, chief business development officer at Michael C. Fina, a recognition program provider in New York.

Such programs aren’t just about making employees feel good, though that’s a crucial part of the process. A well-designed program can help propel revenue growth, boost worker productivity and improve employee retention.

“It has a very demonstrable return on investment,” said Michelle Smith, vice president of business development for rewards and recognition services provider O.C. Tanner Co. in Glendale, California. “This investment is not just a good thing to do. It makes good business sense.”

In fact, a 2012 study by the consultancy Aon Hewitt examined the link between corporations’ financial performance and employee engagement and found a 1 percentage point increase in employees who became engaged resulted in a 0.6 percent growth in sales. The “2013 Trends in Global Employee Engagement” report looked at data from 2008 to 2012 from 94 global corporations with almost 9 million employees.

The report found 60 percent of employees worldwide are engaged. In North America, 24 percent are highly engaged, 39 percent are moderately engaged, 20 percent are passive and 17 percent are actively disengaged.

Meanwhile, the “State of the American Workplace” poll by Gallup found in the United States those who are actively disengaged cost companies a whopping $450 billion to $550 billion annually in lost productivity. Those actively disengaged workers also are more likely to steal from their employers, have a negative influence on co-workers, miss work and drive away customers.

Finding ways to reward employees for their achievements has become even more important as organizations slashed benefits during the Great Recession — cutting raises, eliminating 401(k) matches, laying off employees and pushing those who remained to do more with less.

“If there’s been an impact to your benefit program, you absolutely have to be able to do other things to make people want to stay,” said Sara Hill, chief human resources officer at the business services company Ceridian Corp.

A key way to improve engagement is through rewards and recognition programs.

The Aon Hewitt survey found recognition was the fourth-most important driver of engagement globally in 2012, behind issues such as career opportunities and pay. But it’s particularly important for millennials, ranking third globally.

This demand for rewards and recognition has led to a broadening of ways the programs are used, and a broadening of the options available to reward employees, taking into account generational and cultural differences.

Ceridian’s Pulse of Talent Survey from August found that of the more than 1,000 employees surveyed, monetary or nonmonetary compensation for well-done work was the most important driver of engagement for 47 percent of employees, while 42 preferred job recognition.

The 2013 WorldatWork report “Trends in Employee Recognition” surveyed more than 470 of its members and found 88 percent of its organizations had recognition programs in place. Most common were for length of service, above-and-beyond performance, peer-to-peer recognition and programs to motivate specific behavior.
Interestingly, neither peer-to-peer programs nor those to motivate certain behavior were included in WorldatWork’s 2005 survey. This year, more than 40 percent of respondents had these programs in place.

Industry Evolves
Just as the types of rewards and use of rewards have evolved, so has the industry itself. Many of the major companies involved in rewards and recognition programs have been part of the industry for generations.

Michael C. Fina, for example, was started by Jeffrey Fina’s grandparents in 1935 as a retailer of silverware and giftware. Business customers would come in looking for gifts to mark employee milestones or to give to clients. In the 1980s the family decided to split the company in two, with one arm continuing as a retailer and the other focusing on business-to-business rewards, recognition and incentive programs.

Smith, who started in the business more than three decades ago, recalls when the industry was segmented, with one set of companies focusing on recognition programs, one focusing on incentives and another on promotional products.

Today, the three separate segments have been brought together, and organizations are looking for one vendor to handle everything. “Customers have been driving it and the lines have blended between providers,” she said.

Over the years, organizations have added informal recognition programs into the mix to augment formal ones, Fina said.

It could come in the form of an employee recognizing a fellow employee or a manager recognizing an employee on the spot.

Recognition can come in the form of simple things like certificates and e-cards.

“The manager is so important in this whole engagement equation,” he said.

Because managers aren’t always based in the same location as their employees, peer-to-peer programs “capture many more of their wonderful accomplishments and achievements,” Smith added.

Encouraging employees to recognize one another for exceptional performance or cooperation can enhance teamwork, strengthen bonds between employees and instill pride.

Organizations also are linking rewards and recognition to corporate results, and using them as a means to underscore the organization’s core mission, vision and values, said Anthony Luciano Jr., senior vice president of marketing at the rewards and recognition firm TharpeRobbins Co.

Rewards and recognition are becoming more frequent, Smith said. Rather than simply rewarding someone at the end of the year for hitting a sales goal, a company might make incremental rewards to motivate certain behavior, such as making a certain number of sales calls in a month or setting a certain number of appointments, she said.

That gives employees more opportunities to reach their goals throughout the course of the year, and encourages the best behavior to meet the overall goal, Smith said.
Many organizations are adding a social component to the mix, so peers can respond when someone is recognized. “Recognition, by its nature, is a social activity,” Luciano said.

And it fits with today’s mobile society, as employees often move from job to job or location to location within an organization. By adding a social aspect, current and former co-workers will know when an employee has received recognition, Fina said.

Employee Input
Organizations need to be sure to gather feedback from employees to ensure the programs meet workers’ needs and suit generational and individual differences, Hill said.

That’s particularly important with multiple generations in today’s workforce.

Ceridian’s survey found 64 percent of respondents would like their company to offer nonmonetary rewards. Favorite rewards include personal days off, free food and free event tickets.

Gen Xers tend to prefer financial rewards or work flexibility, Hill said.

But it’s the millennial generation that has helped drive the expansion of rewards and recognition programs. These young workers expect recognition, and expect it more frequently than other generations. “They were raised in a culture where everyone gets a trophy in T-ball,” Smith said.

Rewards programs these days can run the spectrum, including everything from music downloads to merchandise to travel to experiential rewards, such as a spa day or golfing day to donations to charity in an employee’s name.

“There’s such a banquet [of choices]. We had a nice appetizer program before,” Smith said.
Whatever choices are offered have to have value for employees. As older employees return to the workforce, they could be recognized during the onboarding process,

Luciano said, but their interests are likely to be far different than those of a recent college graduate.

And organizations must remember “recognition has a lasting effect,” Luciano said, and might not only affect the employee, but also a family member or friend. The reward someone chooses might be for themselves or for that person’s spouse, children, friend or relative.

Organizations also need to be sensitive to the needs of a multicultural or global workforce, Smith said. So in Asian cultures, the color white can be associated with death, and Latin American cultures tend to be team-oriented, and employees might not want to be honored individually. “It’s a minefield of missteps.”

Establishing Programs
Before setting up a recognition program for an organization, companies in the industry will talk to organizations about their engagement strategy and how they want the programs to fit into that strategy, Fina said. They’ll find out the business objective behind the program, and what kind of behavior it’s rewarding.

They must be sure it fits the organization’s culture, and be consistent, efficient and appropriate, he said.

Smith said such programs need to align with an organization’s internal and external brand, with the aim of leading to improved customer satisfaction as well as employee satisfaction.

At temporary staffing agency Kelly Services Inc., rewards and recognition programs have shifted over the years, with less top-down recognition and more recognition among peers, said company President and CEO Carl Camden. The programs provide a way for employees to see how they’re regarded by their peers.

Developing strong ties among employees is a way to counteract the shorter job tenure and less loyalty of many employees today. “Companies need to do what they can to strengthen peer-to-peer network loyalty,” Camden said. “That strengthened sense of community and sense of belongingness is critical.”

Susan Ladika is a writer based in Tampa, Florida. Comment below or email editors@workforce.com. Follow Workforce on Twitter at@workforcenews.

Posted on December 12, 2013June 20, 2018

A Festivus for the Rest of Us (at Work)

Yesterday, Evil Skippy at Work answered a reader’s question about whether an employer can prevent its employees from celebrating Festivus in the workplace.

“What is Festivus,” you ask? “I’ve never heard of it.” Watch this short, five-minute instructional video, and then let’s talk.

As you can see, Festivus, is not a religious holiday. It’s a parody, celebrated on December 23 as a non-commercialized alternative to the holiday season. According to Wikipedia, it started as a family tradition of Seinfeld writer Dan O’Keefe, who brought it into our collective consciousness by incorporating it into a 1997 episode of the show.

Which brings us back to the original question—can an employer ban Festivus at work? Because it’s a secular holiday, Title VII’s religious accommodation requirements do not apply. Unless, of course, it is an expression of an employee’s atheism, which is a “religion” Title VII protects and for which an employer must make a reasonable accommodation.

So, if the employee requesting a workplace Festivus Pole is doing so as an expression of his or her sincerely held atheism, then you should think long and hard before you deny the request. If, however, there is no religion supporting the request, then no law would prohibit you from banning Festivus at your company. Then again, why would you want to in the first place?

Regardless, if you are lucky enough to work for a company that embraces this holiday, consider it a Festivus Miracle.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Hyman at (216) 736-7226 or jth@kjk.com. You can also follow Hyman on Twitter at @jonhyman.

Posted on December 4, 2013August 1, 2018

How Should We Treat Our Contingent Workforce?

Dear Laboring:

This may be easier than your realize. I’ve outlined four suggestions you should consider to engage your contingent workforce.

  1. Communication.Don’t treat them like outsiders. Communicate in ways that enable contractors as business partners, on par with your direct employees. This starts with changing your semantics, using “us” or “we” vs. “them” or “you guys.” This helps remove barriers and engages your contingent staff.
  2. Decision-Making.Don’t stop at mere words. Whenever possible, include your contingent staff in key decision. You need to solicit their input and “buy-in” to as part of your engagement effort (just as you do with your direct staff).
  3. Incentives.Create incentive systems tailored to contingent workers. This could include bonuses for on-time delivery, early delivery, quality of the work produced or customer feedback scores.
  4. Be Social.Include them in social events like company holiday parties and off-site, after-work events.

SOURCE: Thuy Sindell, founder and president, coaching division. Skyline Group, Woodside, California, Nov. 22, 2013

Posted on November 21, 2013June 20, 2018

Are Graduate Assistants Employees or Students?

In Al-Maqablh v. University of Cincinnati College of Medicine (11/5/13), an Ohio federal court answered the question of whether graduate assistants are employees entitled to the protections of Title VII. As with most legal question, the answer depends.

The case concerned the race and national origin claims of a grad student placed on academic probation and ultimately dismissed from the University. Al-Maqablh sought Title VII’s protections as an employee because he “received a paycheck from the University and rendered services to the University by performing extensive research through lab work.” The court, however, disagreed:

Plaintiff received a stipend and/or scholarship after being accepted into the Program. Plaintiff has failed to show that this pay stub was based upon is employment with the University and not a portion of his stipend award. Furthermore, the fact that Plaintiff performed extensive research, as required under the Program, does not make him an employee under Title VII.

Instead, the court looked to the “economic realities” of the relationship between Al-Maqablh and the University to determine whether he was an employee or a student:

Plaintiff participated in the Graduate Program as a student engaging in “courses, seminars and laboratory research during the academic year.” … More importantly, the dominant purpose of Plaintiff’s relationship with the University was educational. Plaintiff’s complaint against the University asserts claims solely related to his academic activities as a graduate student…. [T]he undisputed evidence establishes that the University’s decision to dismiss Plaintiff from the Graduate Program was an academic decision unrelated to Plaintiff’s alleged employment with the University. As such, the undersigned finds that Plaintiff should not be considered an employee under Title VII….

Thus, in this case, the graduate assistant was a student, not an employee. The court made the point, however, that this rule is not universal; the status of a graduate assistant must be analyzed based on the “economic realities” of each individual. If the University had paid Al-Maqablh for his services (as opposed to providing him an academic scholarship), or if the University had dismissed him for an employment reason, as opposed to an academic, reasons, this case likely would have turned out differently.

If you are an educational institution using the services of graduate assistants, do not make this mistake of reading this decision as providing carte blanche to discriminate against graduate assistants (indeed, Title IX would instruct you differently). Instead, understand that these rules are fact-specific, and seek legal counsel to guide your actions accordingly.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Hyman at (216) 736-7226 or jth@kjk.com. You can also follow Hyman on Twitter at @jonhyman.

Posted on November 8, 2013June 20, 2018

The Risk Companies Run When Bullying Goes Incognito

By now, you’ve likely read about Miami Dolphins offensive lineman Richie Incognito and the abusive voicemails and text messages he sent to teammate Jonathan Martin.

Among the voicemails is this gem (per ESPN):

Hey, wassup, you half n—– piece of s—. I saw you on Twitter, you been training 10 weeks. [I want to] s— in your f—ing mouth. [I’m going to] slap your f—ing mouth. [I’m going to] slap your real mother across the face [laughter]. F— you, you’re still a rookie. I’ll kill you.

ESPN also report that Incognito did not limit his use of racial epithets to that lone voicemail, and that he also sent Martin a series of texts that included derogatory terms referring to the female anatomy and sexual orientation.

Meanwhile, Fox Sports reports that Dolphins coaches encouraged veterans to toughen up Martin, and knew that some were using hazing as a means to that end.

I’ve never played organized football at any level, and I’m not going to pretend to know of the culture that exists inside its locker rooms. What I do know something about, however, is corporate culture in general. Your company cannot turn a blind eye to hazing and other bullying-related misconduct.

Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin…) bullying is probably legal. As the U.S. Supreme Court has famously said, our workplace discrimination laws are not meant to be “a general civility code for the American workplace.” In layman’s terms, our laws allow people to be jerks to each other at work.

Just because it’s legal, however, doesn’t make it right. The question is not whether the law protects the bullied, but instead how you should respond when it happens in your business. If you want to lose well-performing, productive workers, then allow them to be pushed out the door by intolerable co-workers. If you want state legislatures to pass workplace bullying legislation, then ignore the issue in your business. If you want to be sued by every employee who is looked at funny or at whose direction a harsh word is uttered, then continue to tolerate abusive employees.

The reality is that if companies do not take this issue seriously, state legislators will. The high-profile case of Jonathan Martin will only help the cause of those who believe we need workplace anti-bullying laws.

What can you do now to protect your employees?

  1. Review current policies. Most handbooks already have policies and procedures in place that deal with workplace bullying. Do you have an open-door policy? A complaint policy? A standards-of-conduct policy? If so, your employees already know that they can go to management with any concerns — bullying included — and seek intervention.

  2. Take complaints seriously. These policies are only as good as their enforcement. Whether or not illegal, reports of bullying should be treated like any other harassment complaint. You should promptly conduct an investigation and implement appropriate corrective action to remedy the bullying.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Hyman at (216) 736-7226 or jth@kjk.com. You can also follow Hyman on Twitter at @jonhyman.

Posted on November 7, 2013June 20, 2018

NLRB Upholds Workplace Ban on Recording Devices

Two months ago I wrote the following, concerning whether employers should be thinking about implementing bans on employees using recording devices in the workplace:

If you do not have a policy against employees recording conversations in the workplace, you might want to consider drafting one. You never know when an employee is going to try to smuggle a recording device into a termination or other meeting. The proliferation of smart phones has only made it easier for employees to make recordings, both audio and video. Why not address this issue head-on with a policy? Unless, of course, the [National Labor Relations Board] gets its way and renders these policies per se illegal.

At least as to the last point (the legality of such bans under the National Labor Relations Act), we now have the beginnings of an answer, via the decision of an NLRB Administrative Law Judge (the finality of which depends on whether the union appeals the decision to the full Board in Washington D.C.).

In Whole Foods Market, Inc. (NLRB Case No. 01-CA-096965 10/30/13) [pdf], the union challenged the following no-recording policy:

It is a violation of Whole Foods Market policy to record conversations with a tape recorder or other recording device (including a cell phone or any electronic device) unless prior approval is received from your store or facility leadership. The purpose of this policy is to eliminate a chilling effect to the expression of views that may exist when one person is concerned that his or her conversation with another is being secretly recorded. This concern can inhibit spontaneous and honest dialogue especially when sensitive or confidential matters are being discussed.

Violation of this policy will result in corrective action up to and including discharge.

The ALJ concluded that this policy did not violate the rights of the employees of Whole Foods to engage in protected concerted activity under the National Labor Relations Act:

I have found no cases, and none have been cited, in which the Board has found that making recordings of conversations in the workplace is a protected right…. Even if recording a conversation is a protected right, the Respondent is entitled to make a valid rule, such as the one in question here, to regulate its workplace, and in doing so, prohibit such activity….

The rule does not prohibit employees from engaging in protected, concerted activities, or speaking about them. It does not expressly mention any Section 7 activity. The only activity the rule forbids is recording conversations or activities with a recording device. Thus, an employee is free to speak to other employees and engage in protected, concerted activities in those conversations….

There is no basis for a finding that a reasonable employee would interpret this rule as prohibiting Section 7 activity.

In light of this decision, what is an employer to do?

  1. Review any existing workplace recording policies to ensure that the stated reasons for the policy is clear. For example, in Whole Foods, the company relied on the protection of “candor and forthrightness in employee opinions.”

  2. Do not institute a new recording ban, or amend an existing policy, in response to union activity.

  3. Do not apply a recording ban to limit or prohibit the recording of protected Section 7 activity (wages, benefits, terms and conditions of employment, union issues, etc.).

  4. Limit the prohibition to working time and work spaces.

This case offers hope to employers that there exists a more reasonable analysis of the application of Section 7 rights to workplace policies other than suggested by the Board’s recent actions.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Hyman at (216) 736-7226 or jth@kjk.com. You can also follow Hyman on Twitter at @jonhyman.

Posted on October 8, 2013June 20, 2018

Onboarding: Tips and Best Practices for Bringing New Workers on Board

When Lois Miller, group head of human resources services and solutions at MasterCard Inc., took over the credit card company’s onboarding program in late 2011, it had a lot of problems. Stories about new hires not getting their badges and PCs, or not having access to the network for a week after they were hired was fairly common, she said. “It eventually got back to the CEO, and he decided it had to be fixed.”

Miller was brought in to revamp the program, focusing both on culture and technical needs of new hires, including making sure they have all the tools and technology they need to start working on day one.

“We wanted to get to a place where employees could be more productive fast, but also that they would look back and say it was a really good onboarding experience,” Miller said. To streamline the process and keep tabs on employees, Miller started using the company’s Workday human capital management system.

In the year since they’ve been using the onboarding system, new hires report better onboarding experiences, she said. “The key was enabling the onboarding workflows through Workday.”

Six Ways to Incorporate Technology Into Onboarding

Employees will never be more in love with your organization than the day they start work. And one of the primary goals of a good onboarding program is to maintain that enthusiasm.

Experts offer this advice on how technology can help engage employees as soon as they are hired, and streamline tasks so they are more productive from the start.

1.     Send welcome messages. Create videos of key executives welcoming new employees, and send those links to new hires as soon as they accept your offer, said Katherine Jones, a lead analyst at Bersin by Deloitte. It’s an efficient way to introduce employees to the leadership team and to get them excited about starting their new job.

2.     Build a new hire portal. Create a site on the network where employees can go to complete all of their administrative tasks, learn about the corporate culture, take new hire training, and find out anything else that will help them be more productive, said Kim Lamoureux, a lead analyst at Bersin by Deloitte. “It enables employees to take responsibility for onboarding tasks, rather than waiting for someone to tell them what to do.”

3.     Pre-board. Take advantage of electronic signature and verification tools to let employees finish administrative paperwork online before their first day. This keeps them excited about the job, and allows them to be more productive when they start, Jones said. “This can be especially good for college graduates who may have months between when they are hired and when they start work.”

4.     Build a new-hire social network: If you are hiring a large number of young employees, an online new-hire community can help them feel more at home. These corporate social networks can be used for work tasks — allowing employees to help each other learn the ropes; and for socialization so they can make friends and feel a greater sense of belonging.

5.     Track onboarding tasks. Use task management tools to track new-hire status and progress. Many of these tools also offer automated reminders when employees fail to stay on track.

6.     Engage new hires in the company’s social network. Don’t just give them a password, Jones said. Invite them to join online conversations, participate in surveys or ask questions of their colleagues. It’s a way to get them connected to other people in the company, even if they are all in different offices, she said.

—Sarah Fister Gale

Out of the Way

As soon as employees are hired — and before they even start — they are added to the Workday system, which triggers access to a number of onboarding tools. They receive an email welcoming them aboard with links to videos from the CEO, along with access to the cloud application where they can update their employment information, upload a photo for their badge, read about learning opportunities and complete paperwork for benefits enrollment, taxes and direct deposit. “All of the tasks you normally do on the first day are now done in advance,” Miller said.

At the same time, the manager of the new hire goes online to select the tools and office space they will need, and those requests are sent to the information technology and facilities department, so they are ready for the employee on their first day.

You May Already Have the Tools

Many companies have existing workplace technology that can be used to support the onboarding process, though they may not be using it effectively, said Kim Lamoureux, a lead analyst at Bersin by Deloitte. “If you have a task management system, or employee tracking tools, you can make sure new hires don’t fall through the cracks,” she said. “It makes the process much more manageable.”

She encourages HR executives to review their applicant tracking and HR management system to find the tools or modules that can specifically support onboarding. Most HR systems, including Silkroad, Successfactors, Taleo and Workday offer tools to build new hire portals, implement electronic signatures for online documents, create task lists and talent profiles as well as dashboards and reports to track new hires.

“These tools simplify the process and give HR visibility into how new hires are progressing,” says Leighanne Levensaler, vice president of product management at Workday.  

Internal social media tools, including Chatter, IBM Connect, Jive and Yammer can also be implemented in the onboarding, said Mike Grafham, head of Yammer customer success in the United Kingdom. “Organizations can build networks for preboarding new hires, send them welcome messages, and give them an environment where they can ask questions and engage with other employees,” he said.

It can also help new employees learn the business more organically by allowing them to search for answers to specific questions or read message boards to understand unique workflows. “Instead of taking a training course on a topic, a new hire can join a group and read backward through the posts to see how work is done,” Grafham said. “That helps them become immediately more productive.”

While onboarding isn’t all about technology, taking advantage of these tools can streamline the process and make it consistent across the organization, said Katherine Jones, a lead analyst at Bersin By Deloitte. “Technology can mitigate bottlenecks in the onboarding process, and engage before they even come through the door.”

Sarah Fister Gale is a writer based in the Chicago area. Comment below or email editors@workforce.com. Follow Workforce on Twitter at @workforcenews.

Posted on October 7, 2013June 20, 2018

Fired for Posing for Playboy? Or, How Does an Employer Prove a Negative?

Jessica Zelinske, a 33-year-old Minnesota mom, is suing her former employer after it fired her for appearing in Playboy’s 2011 “Hot Housewives” issue. 

According to her lawsuit, she claims that before posing nude, she spoke with her boss at Charter Communications, Timothy McBain, who Zelinske says told her she would not risk her job if she posed nude. Weeks after the magazine’s publication, however, McBain handed her a “Corrective Action Report,” notifying her of her termination for violating the company’s “standards of common decency.” The notice went on to say: “You have violated Charter’s professional conduct policy by making the personal choice to pose nude in a well-known publication.” The company claims that Zelinske never told anyone that she wanted to pose nude in Playboy, let alone ask for permission.

Zelinske’s main claim in her lawsuit is for promissory estoppel — that the company made her a promise about job security, upon which she relied to her detriment by posing for Playboy. To defend this claim, the employer is in a very difficult position — having to prove a negative. The employee claims she had a meeting where her boss blessed her photo shoot, and may even have notes (legitimate or not) to support her claim; the employer claims that no meeting ever took place, and certainly will not have any notes or other evidence to support an event that it claims never happened. How does an employer prove that it never made such a promise to an employee? Sadly for this employer, the answer may be a costly and time consuming jury trial. 

Proving a negative — that conversation never took place, or, you did not work those extra hours that your timesheet says you did — is the most difficult position for an employer, and, often, the most expensive for an employer to defend.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Hyman at (216) 736-7226 or jth@kjk.com. You can also follow Hyman on Twitter @jonhyman.

Posted on September 17, 2013June 20, 2018

Your Company’s Personnel Files Are Not Your Employees’ Personal Property

One repeat question that I seem to receive is whether employees have a right to see their personnel files. At least in Ohio, the answer is no — with three key exceptions:

  1. Medical Records. Ohio Revised Code 4113.23(A) provides employees access to their own medical records from physical examinations either that are required for employment or stem from a job-related injury or disease.

  2. Wage & Hour Records. Ohio Revised Code 4111.14(G) provides employees (or their designated representative) access to their own wage and hour records, which must include their rate of pay, total gross wages per pay period, and hours worked each day.

  3. Public Employees. Ohio Revised Code 149.43 provides employees of the state, or any county, city, village, township, or school district, access to their personnel files as public records.

Mileage may vary in your jurisdiction. According to The HR Café, 20 states require that employers provide employees periodic access to their personnel files. Thus, it is critical that you have a policy establishing rights and expectations in relation to personnel files. Something as simple as, “The Company will provide employees access to personnel files according to state law,” should suffice.

Also, unless a state law provides otherwise, if you permit access to personnel files you should make the following internal decisions about their handling:

  • Will you permit access to an entire file, or only certain parts?
  • Will you permit employees to photocopy parts of their files?
  • Will you permit employees to designate their right to inspect (for example, to a family member, union rep, or lawyer)?
  • Will you permit employees to challenge information, and if so, how?
  • Will you place limits on access to confidential information (i.e., background checks or workplace investigation reports)?
  • Will you limit how often an employee can access a personnel file?

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com. You can also follow Jon on Twitter @jonhyman.

Posted on September 4, 2013June 20, 2018

More Companies Offer Pet Insurance as an Employee Benefit

We love our pets. This year, it is estimated that we will spend more than $55 billion on them. More than $14 billion of that total will be for veterinary care alone. Vet bills are expensive, and often unplanned and unbudgeted. Given our emotional attachment to our pets, we pay them, regardless of the cost. To mitigate the unexpected nature of these costs, after losing our last dog we opted for vet insurance for our current one.

Corporate America is following suit by beginning to offer pet insurance as an employee benefit.

According to Yahoo, one out of every three of the Fortune 500, plus 3,400 other smaller companies, now offer pet insurance as a benefit to their employees. Ohio employers offering this benefit include Procter & Gamble, Cliffs Natural Resources, Quest Diagnostics, and Progressive Insurance.

Employee recruitment and retention is difficult. Companies struggle to locate, attract, and retain the best employees. Thinking outside the box with employee benefits is one way to attract, and keep, good employees.

Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or jth@kjk.com. You can also follow Jon on Twitter @jonhyman.

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