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Posted on February 1, 1999August 29, 2019

White Males See Diversity’s Other Side

John Faure is a middle-aged white male, and he’s pretty sick of having to apologize about that. He’s tired of the put-downs, jokes and inequities. He’s also more than a little dismayed at where a lot of diversity programs have taken Corporate America. He left one job—at a national company celebrated for its HR—because of the company’s diversity initiative.

“Diversity programs perpetuate stereotypes. They’re bad for society and bad for business,” he says. “Diversity is: ‘You need to treat women this way and blacks this way.’ That’s wrong; that’s the problem. There’s a school of thought that says diversity at least moves us in the right direction, but I’ve taken a look at that and I reject it. I think it makes [things] worse.”

One more thing—Faure is an HR professional. If the very gatekeepers of workplace diversity feel under attack, how do other white males feel?

They’d tell you if you’d wipe that smirk off your face. They know what you’re thinking: “Oh poor baby. Poor little poster boy for elitism and easy living.”

But these days, things aren’t so easy for white males. They’ve been under attack for a long time, en masse, for the problems of women and minorities. And some should be, certainly. But it’s ironic that a movement that demands equal treatment for individuals often lumps all men into one troublesome bundle.

A quick Internet search can give good indication:There are literally hundreds of male support groups, including the National Organization for Men, the National Coalition of Free Men and the National Organization for Men Against Sexism—all of which regard workplace negativism toward men as an issue.

Even more portentous is a visit to Prairielaw.com, an online legal community in which almost half the sex-discrimination postings are from men.

There are a few reasons for HR to care about all this. First, what has any person with even a pinky toe in the diversity issue heard a thousand times? That in the next century, it’s going to be whites who’ll be minorities. And with more women than men now earning degrees, it’s going to be white males who’ll be the minorities in pipeline positions. They can’t be ejected from the diversity equation.

Second, to really embrace diversity means to really embrace white males and what they bring to the table as individuals. It’s pretty basic.

Third, to make the workplace unpleasant for white males is to invite the same problem companies have when the workplace is unpleasant for women and minorities: a major talent drain. And, as always, there are lawsuits. Reverse discrimination is a real possibility, and there are growing numbers of suits to prove it.

As Janice Dreachslin, the co-author of Diversity Leadership (Health Administration Press, 1996), explains it, “If white males are made to feel that they’re not a part of the fabric of diversity, then we set ourselves up for a lot of backlash that’s counterproductive.”

That’s putting it mildly.

 

How do diversity programs contribute to discrimination?
The first thing to acknowledge is that diversity initiatives, whether well done or not, are going to make white guys a little antsy, and with good reason. People don’t like to hear they got where they are not by merit alone, but by their skin color.

That, on some level, is what a diversity initiative implies. To admit that women and minorities have been disadvantaged is part and parcel with saying that white males have been advantaged. It makes them question why they are where they are, which is troubling. This holds even more true for those many white males who don’t feel advantaged, whose careers are stalled because they aren’t “knowledge workers,” or who were downsized as middle managers.

But if the only disadvantage with diversity programs was a little white-male discomfort, that would be far from a problem. The real problem comes with how many programs approach diversity poorly.

In the worst-case scenario, there are diversity programs done for the wrong reason, or what Frederick R. Lynch, author of The Diversity Machine: The Drive to Change the ‘White Male Workplace,’ (The Free Press, 1997) calls “diversity penance.”

Diversity initiatives are going to make white guys a little antsy. People don’t like hearing that they got where they are not by merit alone, but by skin color.

Basically, someone in the company—usually a white male—screwed up, so the whole workforce has to go through training, largely as a buffer to lawsuits. This circumstance, says Lynch, is the most likely scenario to create backlash from white males because it assumes that because one white male had a problem, all white males in the company have a problem. “The organization is presumed to be racist, sexist, with horrible problems and glass ceilings,” says Lynch, who has also written Invisible Victims: White Males and the Crisis of Affirmative Action (Greenwood Publishing Group Inc., 1991).

Even if a company is approaching diversity from a healthy angle, training can be offensive to white males if it lumps them all together. When a diversity professional talks about having to change the “white-male culture” at an organization, he or she is doing just that—which should be an obvious diversity no-no. The 60-year-old CEO with an MBA is likely to come from a very different “white-male culture” than the 20-year-old plant worker with a high-school degree.

 

Diversity training shouldn’t be the source of more discrimination.
Other problems arise from training, and more particularly, the trainers themselves. Most diversity experts chuckle over stories of harried HR professionals calling them to request a black man or a Hispanic woman to give a diversity lecture. Richard Hadden, an employee-relations consultant in Jacksonville, Florida, says demanding that only women or minorities conduct diversity training is a bad idea. “Most of the time, diversity training is done by very articulate, competent professionals who happen to be minorities or females. When you do that, someone who’s initially resistant to begin with is going to [see that person] as someone with an ax to grind.”

And some diversity trainers do act like they have an ax to grind. Dreachslin acknowledges that some consultants use inappropriate training activities that unjustly target white males. “I think some trainers carry things a little too far,” she says. “You can’t target white males as perpetrators and only perpetrators.”

Faure agrees. He cringes at the diversity training he attended at the company he left. Not only he and other white males were offended, he says, but so were many women and minorities. Faure felt the trainer came in with an agenda to send a message of zero tolerance to white males. “It was nonverbal cues, the tone of voice, the way the instructor looked at you and directed parts of the program to you,” he says. “I’m a professional trainer, I know how that works.”

And when white males feel targeted, unjustly or not, the problem is compounded because they rarely have safe havens in which to vent steam. Although women- and minority-based support groups thrive in Corporate America, few companies offer a forum for men. The assumption is it’s unnecessary because they have their own built-in networking systems. That’s not necessarily so. It’s crucial for a group undergoing so much social change to have a chance to talk about their issues.

It’s also crucial that those issues are taken seriously, Lynch says. He attended a seminar about “How to Deal with White Males” in which the speaker dismissed reverse discrimination with a flippant theory that it’s all in the heads of white males, and that it doesn’t really happen. Lynch says this attitude can be devastating to a company; it pushes men to keep quiet—worried they’ll be called whiners or racists—while the problem grows and the anger builds. That anger can explode into a lawsuit for reverse discrimination, sometimes with good reason.

 

Is reverse discrimination fact or fiction?
Ah, yes, reverse discrimination. More businesses are guilty than you’d think. In the rush to equality, a lot of companies have closed men out.

In fact, Lynch believes the problem is rampant. “One of the things that came up when I was interviewing hundreds of people was, ‘What about the law?’ The law says you’ve got to treat people equally [including white males]. The response [tended to be] ‘What law?’ and to some extent, ‘We don’t think about no stinkin’ law.’ In other words, the diversity movement has been kind of ignorant or contemptuous of the law.”

If your organization has special-interest programs targeted for Asian-Americans only or women only or blacks only, it could be skirting illegality. If you’ve set up mentoring systems to help women and minorities get a leg up, look over those systems.

Because such suits are filed under a variety of rubrics, no specific statistics are available. But legal experts say they’re on the rise. Jeff Tanenbaum, an employment law attorney with Littler Mendelson in San Francisco, believes that they’re a trend of the future. He says he’s seeing more suits filed by men for wrongful discharge and failure to promote, where before there were none.

Few people, not even angry white males, are asking companies to toss out diversity programs altogether. But a few basic considerations can avoid many problems.

“[Diversity] is a terrific thing, but it has to be handled in an appropriate manner,” he says. “Unfortunately, what sometimes happens is a diversity policy becomes a discrimination policy [against] white males. There’s no doubt in my mind that misuse of diversity programs and policies is causing a significant problem.”

Bob Nobile, an employment-law partner with Winston & Strawn in New York City, says that mentoring systems for women and minorities are good things, but “[companies] are excluding males and nonminorities from the process. So then someone turns around and says, ‘What about me? Am I chopped liver? Why can’t I get mentored?’ Men need to be mentored as well as women do.”

Nobile says if you want to start a mentoring program, that program should be open to all employees. Doesn’t giving men formal mentoring just perpetuate the promotion of more white males? Nobile puts it this way: Yes, you may be enhancing the skills and contacts of white males. But you’re also enhancing the skills and contacts of women and minorities, so they can compete on an equal footing with males, which is the purpose of most diversity programs. Nobile’s final word? “You can’t have special-interest groups—no programs only for minorities or women or the disabled. In other words, it’s got to be across the board.”

 

If you need affirmative action, back it up with numbers.
Another situation to handle carefully: recruiting by the numbers. If your company has decided to place a percentage number on the number of women and minority hires it’ll make, you’d better have a statistical analysis that shows underrepresentation. Even if you know anecdotally that there are too few women for such hiring to be legal, you must have the stats. The EEOC guidelines state that companies can’t establish an affirmative-action program to sanction the discriminatory treatment of any group of people, including white males.

If there’s a substantial imbalance in your workforce, you can make special efforts to correct it. Just do your homework first. Compare the number of women and minorities in your company with the available labor pool of women and minorities—nationally if you’re recruiting nationally, or locally if you’re recruiting around town. You’ve got a case if your company’s numbers are significantly lower than the available labor pool’s. If you’re going to do a statistical analysis, however, you may want to have legal representation. This offers what’s called “a self-critical analysis privilege” to help protect your statistics from later use against the company in a lawsuit.

Remember, says Nobile: “[Past problems] don’t mean we can now turn around and start discriminating against white males. Have mentoring programs and training programs, but don’t exclude any group from participation. Still, at the end of the day, you’re going to yield the same positive results.”

 

Some simple steps can make a big difference.
Few people, not even angry white males, are asking companies to toss out diversity programs altogether. They’re a necessary burden in organizations still reaching for true equality. But a few basic considerations can avoid many problems.

To begin with, reevaluate your training. A team approach has fewer hurdles than an individual trainer approach does. If a white male gives the training alone, he’s easily dismissed as not understanding the problems of women and minorities. A woman or minority as sole trainer can be seen by white males as forwarding a personal agenda. When they’re put together, though, they make sense. “It’s wonderful to have white males on a training team,” says Dreachslin. “They really model the change that the organization is asking the male employees to make.”

Make sure the training involves white male employees, but doesn’t target them. If the group is doing an exercise on stereotypes about women and minorities, it should also do one on stereotypes about white males.

Focus on changing behavior rather than changing white males. Lynch says some of the better diversity sessions he attended while researching his book focused on respecting diversity in a customer-service sense.

Whether the customer is internal or external, respect is necessary to do a good job. The training focused on behavior, and spurred discussions on whether the behavior was appropriate or not. Such training warns those who are guilty of inappropriate behavior to cease and desist while providing clear examples of such behavior. It also allows white males who aren’t guilty to feel less harassed.

Also be sure to treat white males as fairly as you would treat any other group. If you want mentoring programs to give women and minorities a better chance of joining the executive ranks, remember that not all white males have those same opportunities, either. They may lack the same educational levels or connections as other white males making it to the top.

And even if you think “not at my company,” make sure there’s no reverse discrimination. Conduct a careful statistical analysis, and if it proves there isn’t reverse discrimination, share those numbers to dispel any misconceptions.

 

White males need a place to voice their concerns, too.
Another crucial element is communication. Let white males talk about what’s going on, even if it sounds like complaining to some. E.I. DuPont de Nemours based in Wilmington, Delaware, a leader in diversity, has gone so far as to introduce a Men’s Forum to complement its massive diversity efforts of the mid-’90s.

“Because white men were the dominant group at DuPont, as with many organizations, they became the forgotten entity,” says Bob Hamilton, diversity consultant. “When people talked about diversity, they talked about women and people of color. We started to realize there are issues for men, too.”

The Men’s Forum, a three-day meeting of males, gets at some of those issues. Gathering in groups, men talk about their interactions with their fathers and other men, cross-racial relations between men, intergender relations and how the workplace is changing for men.

Just as the company taps homogenous groups of black women, white women, black males and so on for feedback on their experiences at the company, so does it chat up white males.

Hamilton sees many benefits to keeping the lines of communication open. The approach helps disseminate anger, fix inequities and defuse issues. As Hamilton says, there’s less of a “woe-is-me” attitude.

It’s also, as they so often say about diversity, the smart business thing to do. “For multicultural work to be successful, you have to involve men,” says Hamilton. “Women aren’t going to be able to do it by themselves, and people of color aren’t going to be able to do it by themselves. Until businesses realize that fact, they’re never going to really make that transition to a fully inclusive work environment.”

Or as Faure, the disaffected HR professional, says, “If you tell me that diversity is treating everyone as an individual with individual strengths and weaknesses, I say I’m with it. I’ll preach it from the rooftops.”

A good start would be to just begin preaching it at work.

 

Workforce, February 1999, Vol. 78, No. 2, pp. 52-55.

 

Posted on February 1, 1999July 10, 2018

Incentives Should You or Shouldn’t You

Before you implement or change an employee incentive program, ask yourself the following questions:

  • How will the program help support our corporate goals, such as increased profit or customer loyalty?

  • How will the program support customers’ expectations of our products and services?

  • How can I make sure the program criteria is objective?

  • Which employees will be included?

  • How much of a hardship, if any, will the program place on our organization?

  • Am I committed to repeating the program or is it a one-shot deal?

SOURCE: LaBov & Beyond, a marketing communications company in Fort Wayne, Indiana.

Workforce, February 1999, Vol. 78, No. 2, p. 72.

Posted on February 1, 1999July 10, 2018

Reward Employees With Earned Income Tax Credit

Want to do something nice this year for your low-income workers—without spending money? The Internal Revenue Service has a program called Earned Income Tax Credit (EITC). Here’s how it works: You make advance payments to qualified employees from the taxes you’d normally withhold, and their salary, in some cases, increases by as much as $100 per month. You then claim the amount on your quarterly employment tax form, and you’re done. It’s that simple.


Most of you may already know about EITC. After all, it has been around since 1975, and revisions to the laws made in 1993 further increased overall awareness (not to mention participation rates). Still, it never hurts to revisit a program that increases the take-home pay of people who may be struggling just to make ends meet—especially when you consider more than 15 million workers may qualify for this particular tax credit program.


“Most employers are concerned about benefits and pay, and this is one way they can provide additional income to qualified employees,” says Wayne Goshkarian, president of Phoenix, Arizona-based AGB, an employee benefits consulting firm.


When the EITC was first considered in 1975, policy makers agreed the most significant objective should be to assist in encouraging nonworkers to obtain employment and to increase qualified workers’ income. Last year’s qualifying requirements for EITC broke down this way: employees who earned less than $25,760 a year and had one child living with them, employees who earned less than $29,290 a year and had two or more children living with them, and employees with no children who earned less than $9,770 a year. In addition, the Federal Government will refund any earned income tax credit not claimed by the employee for the past three years to a maximum of $1,000 per year.


Let workers know about the tax credit program.
The EITC is the only benefit delivered to low-income individuals through the tax system. Unlike other cash-assistance programs for low-income families, applicants don’t have to wait in long lines or take time off from work to apply.


For those who still don’t know about it, though, HR simply can send out notices. Pat Lally, personnel manager for Des Plaines, Illinois-based Amerihost Staffing, a human resources and payroll company with 2,900 employees at 100 hotels in 15 states, says she thought the whole EITC process would become a “massive undertaking,” but it didn’t. “These days, our people see this as a program that says we’re willing to go the extra mile for them.”


The rest is up to your payroll department.
Many HR managers may not even know the IRS requires them to notify low-income employees that they might be eligible for the earned-income credit. “A lot of people make less than $29,290 per year,” says Goshkarian. “Although most HR people have heard of the program, they don’t really understand how the credit works or even if their employees are eligible.”


It takes about 15 minutes to explain the program to your employees and determine their eligibility. Then it’s just a matter of filling out IRS Form W-5, the Earned Income Credit Advance Payment Certificate, and turning it over to your payroll department (most payroll software programs accommodate the processing). You don’t even need to send it to the IRS. Just keep the form on file. The next paycheck your employee receives will see a substantial increase.


“Just because it doesn’t cost you anything doesn’t mean you aren’t providing a service to your employees,” adds Goshkarian. “Your employees get the dollars and you’re seen as a hero for bringing it to everyone’s attention.”


For more information on how much earned-income credit advance to add to an employee’s paycheck, read the IRS Publication 596, Employer’s Tax Guide.


Workforce, February 1999, Vol. 78, No. 2, p. 102.


Posted on February 1, 1999July 10, 2018

iOn the Contrary-i Productive Conflict Has Value

Everything I learned about conflict management I learned from my mother, who believed fighting was low class. According to her, we were “sophisticated people” and sophisticated people didn’t do that sort of thing. Conflict simply was not “couth,” to use one of her favorite words.


The problem: There were six of us—five of whom were female—crammed inside a small suburban tract home with just one bathroom. When date night came around every Friday, that one bathroom was like the only rest stop between St. Louis and Santa Fe. The line outside the door started forming right after school. By 7 p.m., the potential for shouting, shoving and hair-pulling rivaled the crowd at a Brazilian soccer match. Still, we contained ourselves. We were nice people, remember?


Instead of fighting with my little sister (who always got away with more bathroom time), I’d hold my anger. Then, as she was heading to the front door to let in a new boyfriend, I’d casually remark how unfortunate it was that the pimple on her chin had become so prominent. Passive-aggressive? You bet—but satisfying, too. Of course, it did nothing to resolve conflict over bathroom time. But then again, we never had conflicts.


Playing nice can be more harmful than the fight.
In recent years, I’ve had the opportunity to watch countless corporate employees in action and I’ve come to the conclusion that everybody thinks conflict simply is not “couth.” Fighting, we’re taught to believe, is the province of callous, insensitive bullies. People like Howard Stern and Dr. Laura fight. Polite, orderly people like the rest of us try to get along with others, right?


Well… yes, but this kind of thinking can actually cause more problems than it solves because conflict is a natural part of the human experience, especially in organizations. We may not be fighting over bathroom time, but we’re fighting about a whole lot of other things—which is good, but I’ll get to that in a minute.


According to Alice Pescuric, vice president and practice leader at Development Dimensions International near Pittsburgh, research shows that managers now list “managing conflict” as number seven on their top-10 list of priorities. “It used to be much further down the list,” she says.


Corporate conflict is escalating for several reasons, including greater stress, fewer resources and massive confusion over what the term “casual dress” really means. However, nothing has contributed more to conflict than the advent of collaborative, team-based work environments. We seem to agree that a group of people working together achieves better results than any one person working alone. Unfortunately—thanks to moms everywhere—many of us join teams thinking harmony is the goal. We’re afraid if we disagree, we’ll be perceived as “rocking the boat” or not being a “team player.”


Conflict isn’t necessarily destructive.
While my mom may have taught us to bite our tongues, management has certainly reinforced the idea. “Employees are smart enough to know what managers want, and in most cases, what they want is conformity and obedience,” explains David Stiebel, author of When Talking Makes Things Worse, (Whitehall & Nolton, 1997). When employees think conflict is verboten, they won’t voice their objections, concerns or dissenting opinions, nor will they risk suggesting new ways of doing things. Clearly, in this kind of environment, people can agree their way into horrendous decisions.


In fact, I’m convinced that call-waiting was designed by a team of people who were afraid to disagree with one another. How else can you explain the introduction of something so patently annoying? The design of call-waiting probably went something like this:


Team member A says: “I know, let’s use a really loud beep to let people know that someone else is trying to call them!”


“Great idea!” says team member B. “And when the beep goes off, let’s make sure that the voice of whoever is talking is obscured by a long silent interruption, okay?”


“Okay!” the rest of the team shouts in unison, as they skip around the table congratulating themselves on their ability to reach agreement so quickly.


Now, is this really the kind of team we want? The intent of collaboration shouldn’t be agreement, but the ability for everyone to express their opinions no matter how disagreeable those opinions may seem. When people feel free to disagree, more ideas are put on the table, which can lead to more discoveries and to quantum leaps in improvement and innovation. Put simply, conflict is a potent source of creativity, especially in troubled times. After all, if everything is going smoothly, there’s no need to innovate or move to a higher level.


HR should encourage productive conflict.
HR has a key role to play in making this kind of constructive conflict become a reality. According to Stiebel, HR managers can model the value of conflict by demonstrating their willingness to learn from others, publicly praising employees who are willing to suggest new and different approaches, celebrating the success of counterintuitive decisions by telling stories about such successes, and modeling the kind of behavior that shows a comfort level with conflict.


While it may take a while to get used to the idea that conflict can be a good thing, once you get there, you’ll be better able to resist the temptation to make passive-aggressive comments about pimples. Unless of course, it’s Friday night and you’ve been waiting two hours to get into the bathroom. At that point, anything’s fair game.


Workforce, February 1999, Vol. 78, No. 2, pp. 25-27.


Posted on January 29, 1999July 10, 2018

Stop Managing Time to Achieve Goals

By adopting the following strategies, you will save time, reduce stress and create more of what you want.


  1. Each week, review your goals and link them to your activities for the week.
  2. Ask yourself if each activity takes your closer to your goals. Prioritize those activities that contribute most to the achievement of your goals.
  3. Set deadlines for all critical activities and meet them.
  4. Each day, plan your schedule for the next day to support your goals. Allow flexibility to handle “emergencies” by leaving room to respond to last-minute changes.
  5. Schedule creative or challenging activities for your peak hours. For example, if you’re a morning person, negotiate early and return calls in the afternoon.
  6. Do less. Delegate the things that others can do. Use delegation to help other employees grow and take on more responsibility.
  7. Take charge of interruptions. If possible, schedule a time later to address the situation and ask the person to return then.
  8. Plan phone calls. Make them one at a time. Jot down what you hope to accomplish before calling. Leave detailed messages indicating a call-back window of time. Put calls on hold on speakerphone.
  9. Set up paper flow to reduce the possibility of a logjam. Hire an organizational consultant to help you manage the paper flow if necessary.

Source: Patricia Haddock, San Francisco, January 20, 1999. Haddock is the author of Office Management: A Productivity and Effectiveness Guide and Leadership Skills for Women. Order this book now from Amazon.com Isbn 1560520051.

Posted on January 29, 1999July 10, 2018

Even Non-Union Workers Who Refuse to Work Have NLRA Protections

Issue:
Two long-term employees, non-union computer programmers, have announced that they refuse to work because they have discovered that they are being paid less than the industry average wage. Their manager orders them to get back to work. They refuse, and state that they want a guarantee of a wage increase before they work any longer for substandard wages. Irate, the manager comes to you, asking whether he can discipline the employees. Can he?


Answer:
No, the manager cannot discipline these employees. By the nature of their complaints, these workers have become economic strikers engaged in protected concerted activity under the National Labor Relations Act. Even though they are non-union workers, they are protected by the NLRA since they are acting together to protest terms and conditions of employment.


What can the manager do?
Present no-work option to the strikers. After consultation with HR, the manager should inform the employees that continuing their work stoppage will result in the following:


  • the employees will be categorized as economic strikers and placed on inactive status;
  • non-striking employees will be hired to replace them;
  • the strikers will be eligible to apply for any openings in the future should one occur;
    any prospective employers that call for a reference will be told that the employees are employed by the company and have been placed on inactive status due to a protected job action;
  • and the employees will be asked to leave the building.

Upon being advised of the company’s rights to take such action, the employees will probably stay and get back to work.


Hire replacements, if necessary.
Should the employees choose to continue to strike, the manager may hire replacements and the strikers will have no right to immediate reinstatement. However, if the strikers make an unconditional offer to return to work before they are replaced, the manager must reinstate them. In order to avoid an unfair labor charge by the NLRB, it is also important that the manager carefully word communications to the economic strikers when hiring replacements. The manager should not use any language that implies the strikers are being discharged or that their rights are not being protected.


Do not ignore the problem.
Even if the strikers return to work, the manager should not ignore what has happened. The employees have communicated their dissatisfaction with their salary and have indicated that the company is not paying competitive wages. Such discontent may eventually result in employee turnover and/or union organizing—both of which can lead to many problems for the company. When employees band together and make demands for improved working conditions or higher pay or benefits, managers should be trained to respond to the problem and to recite actions the company has done to resolve workplace issues.


Cite: National Labor Relations Act, Section 7; NLRB v. Mackay Radio & Telegraph Co. (SCt 1938) 1 LC 17,034, 304 US 333.


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.

Posted on January 28, 1999July 10, 2018

The FMLA and Paid Time Off Programs

Issue:
It’s 8:00 a.m. A frantic employee calls in requesting an unscheduled day off under the company’s paid time off (PTO) program. The manager refuses the unscheduled leave because of pressing work deadlines that need to be met for a critical product to ship. The employee does not relent, arguing he needs the time to admit his grandfather to the hospital. How should the manager respond?


Answer:
The manager needs to ask for more information. There is a potential Family and Medical Leave Act (FMLA) violation if the manager does not allow the employee to take PTO. FMLA leave must be granted for purposes of caring for a parent who has a serious health condition. While the grandfather is not at first glance a “parent,” the law also says that FMLA applies to someone who acted “in the place of a parent” to an employee.


Parent for FMLA leave means a biological parent or an individual who stands or stood in loco parentis (in the place of a parent) to an employee when the employee was either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability.”


What should you do?
Ask during new employee orientation whether employees have a “parental relationship” with anyone other than a biological or adoptive parent. In many cases a grandparent may have filled that parental role by assuming day-to-day parental duties and responsibilities, which is why many companies ask during orientation if employees have someone in their family (an aunt, uncle, godmother) who filled that role. However, the law is clear that parent does not include parents “in-law.”


FMLA also requires the employee to provide as much notice as possible before taking leave, but if the grandfather has taken a sudden turn for the worse, the employee may be providing all the notice he can.


Train first-line supervisors on their FMLA responsibilities.
In the event the grandfather did act as a parent to the employee and paid time off is granted, the employee must be notified within two days that the time off will be designated as FMLA leave. In most cases immediate supervisors, who have the power to grant or deny time off, are the only ones who know if FMLA leave of less than five days is being taken. Consequently, they are the only members of management in a position to give the FMLA-required two-day notice or alert the HR department that notice must be provided.


Cite: U.S. Department of Labor, Wage and Hour Division, Family and Medical Leave Act final regulations; 29 CFR 825.113(b) and (c).


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.

Posted on January 27, 1999July 10, 2018

Looking to Hire Happy People

Are you interviewing for an opening, and looking to hire people who are happy? Here is a partial listing of the top 40 characteristics of happy people (in no particular order):


  1. They let go of old emotional baggage.
  2. They live in the present moment.
  3. They forgive themselves and others.
  4. They laugh and smile a lot.
  5. They manage their expectations.
  6. They accept the process of their life.
  7. They count their blessings daily.
  8. They detach from outcomes.
  9. They accept others for who they are.
  10. They live without regrets.
  11. They are real, vulnerable and authentic.
  12. They share themselves with others.
  13. They do what they love, with love.
  14. They accept themselves for who they are.
  15. They take full responsibility for their life.
  16. They maintain balance in their life.
  17. They deal only in the truth.
  18. They control their thoughts.
  19. They have emotional maturity.
  20. They love life and live with passion.

Source: Tim Connor, author of The Road to Happiness is Full of Potholes. Connor Resource Group, Davidson, NC, January 4, 1999. Order this book now from Amazon.com ISBN 0960629688.

Posted on January 27, 1999July 10, 2018

IRS Delays Mileage Rate Reduction

Issue:
A post-holiday business trip has one of your employees on the road from December 30, 1998, through January 5, 1999. She turns in her expense reimbursement form which reflects347 miles driven in all, 116 miles before December 31 and 231 miles after. Does this make a difference in the mileage reimbursement she is entitled to receive?


Answer:
No, because the Internal Revenue Service is postponing until April 1, 1999, the effective date of the 31 cents-per-mile business standard mileage rate it previously said would become effective January 1, 1999. Accordingly, the current business standard mileage rate of 32.5 cents per mile continues to apply with respect to mileage allowances paid to an employee before April 1, 1999, for transportation expenses paid or incurred before that date. This same rate also continues to apply for purposes of computing the amount allowable as a deduction for business-related transportation expenses paid or incurred before April 1, 1999.


Travel expense deductions.
Generally, amounts received by an employee as an advance, allowance, or reimbursement for business-related travel expenses may be deducted from the employee’s wages if:


  • the expenses are adequately accounted for to the employer; and
  • the expenses are “ordinary and necessary” and incurred away from home.

Special substantiation requirements are imposed on employees with regard to their claimed business deductions and income tax credits concerning business-related travel expenses. Using a fixed mileage allowance to pay an employee’s ordinary and necessary expenses of local travel or transportation while traveling away from home satisfies the substantiation requirements if:


  • the allowance does not exceed the IRS-designated business standard mileage rate; and
  • the time, place, and business purpose of the travel or transportation are substantiated.

If these requirements are met, an employee will not be subject to federal income tax or social security tax on the reimbursement amount.


Operating costs decrease.
The IRS had lowered the business standard mileage rate based on an annual study of the fixed and variable costs of operating an automobile conducted on its behalf by an independent contractor. Falling gasoline prices and slow depreciation rates for automobiles reportedly influenced the decision.


Many employers will require additional time to implement this new, lower rate, especially to convert computer software. Without additional time, employers who normally reimburse business transportation expenses of employees at the standard rate, and who are unable to implement the lower rate by January 1, 1999, would need to treat the excess over 31 cents per mile as wages to the employee for federal employment tax purposes. Further, employees would be required to include the excess in gross income.


Cite: Announcement 99-7, Rev. Proc. 98-63, published in 1998-52 I.R.B. (Dec. 28, 1998).


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.

Posted on January 25, 1999July 10, 2018

Protecting Workers in Cold Weather

Issue:
Your responsibilities include providing safety guidelines for employees who work outdoors. You know that injuries from frostbite and hypothermia have been numerous and costly in the past. How do you prepare your outdoor worksites and advise employees to prepare for the elements?


Answer:
“Dress warm.”

Your mother was right: “Wearing the right clothing is the most important step a person can take to fight the cold’s harmful effects, and ultimately avoid cold-related injuries,” says an Occupational Safety and Health Administration (OSHA) fact sheet entitled “Protecting Workers in Cold Environments.” The fact sheet defines the harmful effects of the cold and provides guidelines and recommendations for protecting workers. To prevent cold-related disorders, OSHA recommends proper personal protective clothing, engineering controls and safe work practices. Also included are immediate first aid measures to be taken to treat cold-related injuries or illnesses.


Personal protective clothing should include at least three layers of clothing:


  • An outer layer, such as nylon or Gortex® to break the wind and allow some ventilation;
  • A middle layer of down or wool to absorb sweat and retain insulation when wet; and
  • An inner layer of cotton or synthetic weave to allow ventilation.

Pay special attention to protecting feet, hands, face and head. Footgear should be insulated to protect against cold and dampness. Keep a change of clothing available in case work clothes get wet.


Engineering controls in the workplace can help reduce the risk of cold-related injuries.


  • Use an onsite source of heat, such as air jets, radiant heaters or contact warm plates;
  • Shield work areas from drafty or windy conditions;
  • Provide a heated shelter for employees who experience prolonged exposure to equivalent wind-chill temperatures of 20 degrees F (-6 degrees C) or less; and
  • Use thermal insulating material on equipment handles when temperatures drop below 30 degrees F (-1 degrees C).

Safe work practices, such as changes in work schedules and practices, help combat the effects of very cold weather.


  • Allow a period of adjustment to the cold before embarking on a full work schedule;
  • Always permit employees to set their own paces and take extra work breaks when needed;
  • Reduce, as much as possible, the number of activities performed outdoors;
  • Select the warmest hours of the day and minimize activities that reduce circulation;
  • Ensure that employees remain hydrated;
  • Establish a buddy system for working outdoors; and
  • Educate employees to the symptoms of cold-related stresses—heavy shivering, uncomfortable coldness, severe fatigue, drowsiness or euphoria.

Cite: U.S. Department of Labor News Release 98-508 (December 23, 1998).


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 resources management, payroll, employment, benefits and worker safety products and publications in print, CD, online and via the Internet.

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