COVID-19 April 10 Webinar

Happy as it can be Friday!  Below, please find the recording of today’s webinar.  This webinar is different in that it goes through common scenarios for paid sick leave and expanded FMLA under the Families First Coronavirus Response Act with tips on how to document and track the leaves.  It also contains checklists to use for documentation purposes. If you’d like the slides, please email me directly at kbischoff@thrivelawconsulting.com.

Also, here is the info sheet for employers:  PSL eFMLA One Pager  Feel free to add your own contact information to it to use with your employees.

Now, for the love of all things holy (regardless of denomination or not), go wash your hands and stay safe out there!

Preventing Panic

Knowing that anxiety is high among HR professionals and business owners, Heather Kinzie and I held a coronavirus/COVID-19 conversation about the following questions:

  • What should the employer communicate to its workforce?
  • What health information does the employer have the right to know regarding this issue?
  • What is the employer obligated to pay for?

The recording of a portion of the recording is below.

We’ll hold another one next week at 12 pm CDT/9 am AK.  Just click here at that time.

 

Deep Breaths about Wage Theft

As of July 1, 2019, Minnesota’s new Wage Theft Law will go into effect.  If you read anything about this new law, it is easy to assume it places many, many new obligations on employers.  But, like many things, take a deep breath.  The new law isn’t nearly as onerous as you might think.

First, the new law requires employers to follow old laws.  Employers have to pay employees.  Employers have to pay at least minimum wages.  Employers have to pay overtime.   Employers have to have paystubs with a bunch of information on it that specific how the employee earned pay (pay period dates, what is regular pay, what is overtime, what deductions are for, employer name, address, and telephone number, etc.).  None of this is new.  What is new is the amount of penalties that accompany failure to follow these laws.  Those have increased and failure to follow the law could include very real criminal penalties.

Second, if you have offer letters, much of the new “notice” requirements are already in your offer letters.  Start date, how much the employee earns, basis of pay (salary or hourly), when employees will get paid (weekly, biweekly, twice monthly, etc.), exempt vs. nonexempt status, any commission structure (if applicable), what shift the employee is assigned (if applicable), PTO or vacation and sick time accrual, deductions to pay, employer address, and telephone number – these should already be in your offer letter.  The only “new” pieces are when the first payday will be, any allowances (like meals and lodging), and an offer to put the offer letter in a different language if needed.

Third, when employers roll out new policies, you need employees to acknowledge them.  Prior to the new law, employers could roll out new policies without employee acknowledgements.  Now you need them.  To avoid piecemeal acknowledgements, it may be best to review your handbook annually and when updates are necessary, require employees to acknowledge the changes all at the same time once per year.  More frequent changes are going to require more frequent acknowledgements.  This could be a bit of a pain to both do and track.

Fourth, when you change wages, employees need to acknowledge those changes too.  For example, if Jimmy is going to get a raise, you give him a writing (email, letter, performance review) that his wages are increasing and have him acknowledge the increase.  Again, most employers already do this, but now it is mandated by law.

That’s it!  The Wage Theft Law looks like it could be hard to comply with.  But, in reality, it is not as big of a deal as it has been made out to be.  Take a deep breath, you got this.

 

Photo by Pepi Stojanovski on Unsplash

Being Human

This week, I had the enormous privilege of attending #workhuman.  If you’ve never heard of Workhuman, where have you been?  Remove yourself from under that comfy rock, and let me share all my learnin’, y’all.  (Workhuman was in Nashville this year, and now, my drawl game is strong.)

Workhuman, formerly Globoforce, is a social recognition and continuous performance management platform that can integrate with lots of different HCMs to improve how your people see and interact with each other.   Workhuman does a ton of research on the impact of social recognition on inclusion, gender, race, wellness, and performance issues that will make your jaw drop.  They’ve come up with ways to inform, but not criticize, how we use language from a gendered and racial perspective when giving recognition or feedback based on the data they have collected from millions of interactions.  It is this research informs how they do business.  They’ve learned that being human makes workplaces better.

#workhuman is their signature conference, bringing together thousands of concerned humans for the sole purpose of trying to figure out how to make the workplace more human.  The conference is all about how do we see, treat, encourage, develop, recognize, thank, and love – yes, I said love, but not in the romantic sense – the people we work with so we can all do better.  This is more than just an HR conference, it is a business conference.

Here are a few of my takeaways:

We have to revel in being uncomfortable.  Whether it was Brene Brown, Kat Cole, Candi Castleberry Singleton, David Lapin, or any of the other speakers, this was a powerful take away.  As a society, we are at a tipping point.  Our workplaces are also at this tipping point.  We can’t simply put our heads down, our safety googles on, and focus on productivity goals if we’re going to be successful.  If we’re going to have people in our workplaces, we need to accept and welcome them as they are.  We’re going to have to talk to them about the heavy society concerns from gun safety, policy brutality, offensive tweets, gender and racial inequality, and the fear that prevents us from being our whole selves.  Allianz does this, Kat Cole does this, we should all do this.

Recognition makes a difference.  Data is the best.  Data that shows we can make a dent in the problems that plague our workplaces is even better.  The data Workhuman shared on how recognition can improve our connections at work, our engagement at work, and help plug the holes in our leaky buckets is so impressive.  I want to know more.  Luckily, there’s a resource page devoted to this!

Pobody’s nerfect, but we can all be resilient.  If we’re going to have difficult, uncomfortable conversations at work, we’re going to make mistakes.  We’re going to hear antiquated language that is now offensive.  We will have to tackle our fear with a battering ram.  We’re going to have to be brave and vulnerable.  We’re going to have to rely on our integrity, strength, and humanity to deal with the mistakes, use them as teachable moments, and move on.  I’m not saying that every mistake is just a mistake – some mistakes warrant termination – but as we encourage these conversations, forgiveness and resilience will be powerful to keep us moving forward.

Being human is hard.  As a crier, I was moved to tears a couple of times – not gonna lie.  It is hard to be vulnerable, willing to fail, learning from our mistakes, and sharing our failures so others can learn from them too.  No one promised this life, in general or in business, was going to be easy.  So, grab your friends, family, co-workers, and meet these obstacles head on.

I cannot oversell #workhuman.  Every attendee self-reflects, does some mental gymnastics, and learned from this conference.  Next year, Workhuman is in Denver.  I hope to be there.  I hope you all are too.

 

Photo by mauro mora on Unsplash

Two-Percent, Schmoopercent

Almost two weeks ago, the Washington Post published an article detailing the efforts of the U.S. Equal Employment Opportunity Commission to resolve workplace disputes over harassment and discrimination.  For past two weeks, the article has been nagging me.  Like really, really nagging me.

Out of all the data the Post reviewed, only two percent of the sex, disability, or retaliation cases had a cause finding, meaning the EEOC found cause to believe discrimination or harassment occurred.  In race and age cases, the EEOC found cause to believe discrimination or harassment occurred in only one percent of cases.  Does this mean that between two and one percent of the people who filed charges of discrimination actually have a case?  No.  It can’t mean that.  What do these numbers mean then?

The idea that “nothing will happen if I complain” is bolstered by these numbers.  If any reasonable person who believed they might have a legitimate case of discrimination or harassment read this article, will they still file a charge?  Still go through the stress and anguish of telling their story and waiting months and months to find out that the federal agency they turned to has nothing to help them?  Probably not.

The argument of “Discrimination has been solved and we don’t have to do anything about it anymore” is also bolstered by these numbers.  Yet, most of us know that discrimination and harassment are not solved.  Society still has problems with bias and microaggressions that seriously affect our ability to be a just and civil society and definitely, negatively impact our workplaces.  Yet, some jackass (yes, I meant to swear) is going to point at these numbers and say, “see, there’s nothing here.”

To give the EEOC some credit, they are heavily overworked, underpaid, and under significant pressure to turn cases over as fast as they can.  This means that the easiest thing to do is to try to get some kind of result (note the percentages in the teens for some sort of recovery) and then issue a no cause determination.  But the budgetary and staffing woes of EEOC are not the only reasons for these dismally low numbers.

Another reason for these dismally small numbers is the law.  The law has set an incredibly high standard for what actually is harassment and discrimination.  Employment lawyers joke that that every employer gets one boob grab or one n-word before the conduct is severe and pervasive enough to create real liability.  The joke is kinda-sorta funny because it’s kinda-sorta true.  An employer is not likely to be liable for discrimination, the microaggressions, the different treatment until it is really bad.

We have two choices.  One, we can change the law.  Some states are considering lowering the standard, so employees don’t have to meet such high bar to show discrimination or harassment.  (California passed this law, and Minnesota is considering it.)  By removing the analysis of severe and pervasive, employees may have an easier time proving discrimination or harassment pushing employers to take action sooner when confronted with inappropriate behavior.

Two, we can lower the bar ourselves.  We, as employers and HR pros, can set the bar at the level of behavior we are going to tolerate, meaning we can choose not to tolerate microaggressions.  We can choose not to tolerate a single boob grab or n-word.  We can choose not to tolerate the behavior that so many already believe is intolerable.  We don’t have to rush to terminate when communication problems are the culprit, but we can take action more often to make our folks comfortable to be themselves in our workplaces.

This is the thing about the law.  It is most often the floor.  We can do more.  We can say two-percent, shmoopercent.  We will look at every situation, every individual, and say, “You will be respected” and actually mean it by our policies, our trainings, and our actions.

 

Photo by Sebastian Pichler on Unsplash

Getting Harassment Training Right

Over the last year, I’ve done hundreds of respectful workplace (a/k/a harassment) trainings.  I love this training.  It is my favorite.  This is training is so vital to every organization that I will move vacations to do it.  Seriously.

I speak publicly on harassment training.  Just this year, I’ve done a DisruptHR talk, the North Dakota’s Workforce Development Conference, Minnesota SHRM, and soon the Minnesota Association of Legal Administrators conference on this topic.

I’ve even written a lot on harassment training.  (See here and here for training specifically, and here and here for more general training references.)  The writing has helped me focus my own trainings, making them better for my clients.

After this year (and the years before that), I’ve come up with my own philosophy on harassment training – what makes it good, what can we do better, what should employers consider, etc.  Ultimate Software has been kind enough to include my diatribe on the subject in their collection of white papers.  You can find it here.   Please, if you’re considering putting harassment training on your list of to-dos for 2019, read it.